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

Starting a Short-Term Rental Business in Winter Springs

If you're considering starting a short-term rental business in Winter Springs, Florida, it's crucial to understand the local regulations and requirements. According to the Winter Springs Code of Ordinances, short-term rentals are not permitted in residential zoning districts like R-C1 (Rural Country Estate Residential District).

In a case from January 2022, the Winter Springs Code Enforcement Board determined that operating a short-term rental violated the zoning code for a property located in the Dunmar Estates subdivision, which is zoned R-C1. The property owner was renting out the home through platforms like Airbnb and VRBO, which the board deemed impermissible under Section 20-142 of the code.

The code explicitly states that buildings in the R-C1 district may only be used as single-family dwellings, for horses and ponies, or for home occupations. Unlike other residential districts like R-3, the R-C1 zoning does not allow for "boarding and/or lodging homes" or "guest and tourist homes."

To operate a legal short-term rental in Winter Springs, your property would need to be located in a zoning district that permits such use. It's advisable to consult with the city's Planning and Zoning Division to verify if short-term rentals are allowed based on your property's specific zoning classification.

Additionally, any short-term rental operation in Winter Springs would require obtaining a business license or permit from the city, as well as complying with applicable regulations related to taxes, safety standards, and other requirements.

Short-Term Rental Licensing Requirement in Winter Springs

Based on the Winter Springs Code of Ordinances, short-term rentals are not permitted in residential zoning districts like R-C1 (Rural Country Estate Residential District). The code explicitly states that buildings in the R-C1 district may only be used as single-family dwellings, for horses and ponies, or for home occupations. Unlike other residential districts like R-3, the R-C1 zoning does not allow for "boarding and/or lodging homes" or "guest and tourist homes."

To operate a legal short-term rental in Winter Springs, your property would need to be located in a zoning district that permits such use. It's advisable to consult with the city's Planning and Zoning Division to verify if short-term rentals are allowed based on your property's specific zoning classification.

If your property is zoned for short-term rental use, you would likely need to obtain a business license or permit from the city. The requirements for obtaining a business license in Winter Springs typically include:

• Completed Business Tax Receipt Application: This form can be found on the city's website and requires basic information about the rental property and business operations.
• Proof of Property Ownership or Lease Agreement: Owners must provide documentation showing they have the legal right to rent out the property, such as a property deed, tax bill, or a notarized lease agreement if the applicant is a tenant.
• Florida Department of Revenue Certificate of Registration: Short-term rental operators must register with the Florida Department of Revenue to collect and remit the required state sales taxes and county tourist development taxes. A copy of the certificate of registration must be provided to the city.
• Proof of Liability Insurance: While not explicitly required by the city, it is highly recommended that short-term rental owners carry appropriate liability insurance to protect themselves and their property.
• Interior Floor Plan: Some cities require short-term rental applicants to submit a detailed floor plan showing the layout of the property, including the number and location of bedrooms, bathrooms, exits, and smoke detectors.
• Parking Plan: If the rental property has specific parking arrangements or restrictions, it may be necessary to provide a parking plan to the city to ensure compliance with local ordinances.
• HOA Approval or Condo Association Rules: If the rental property is located within a homeowners association or condominium complex, the owner must ensure that short-term rentals are permitted and comply with any specific rules or approval processes. Documentation of HOA approval or relevant condo association rules may be required.

The application process typically involves submitting the required documents and paying a fee, which can vary depending on the city. The processing time for obtaining a business license can range from a few weeks to several months, depending on the city's workload and the completeness of the application.

It's important to note that operating a short-term rental without the necessary licenses or permits can result in fines and penalties. The Winter Springs Code of Ordinances may outline specific fines or enforcement actions for violations related to short-term rentals. Failure to comply with local regulations can lead to citations, fines, or even the revocation of a business license.

To ensure compliance and avoid potential penalties, it's recommended to thoroughly review the Winter Springs Code of Ordinances and consult with the city's Planning and Zoning Division or other relevant departments for the most up-to-date information and guidance on short-term rental licensing requirements.

Required Documents for Winter Springs Short-Term Rentals

If your property in Winter Springs is located in a zoning district that permits short-term rentals, you will likely need to obtain a business license or permit from the city. Here are the commonly required documents for short-term rental applications in Winter Springs, based on information from the city's website and code of ordinances:

1. Completed Business Tax Receipt Application: This form can be obtained from the Winter Springs City Clerk's Office or downloaded from the city's website. It requires basic information about the rental property and business operations.
2. Proof of Property Ownership or Lease Agreement: Owners must provide documentation showing they have the legal right to rent out the property, such as a property deed, tax bill, or a notarized lease agreement if the applicant is a tenant. These documents can typically be obtained from the Seminole County Property Appraiser's Office or the property management company.
3. Florida Department of Revenue Certificate of Registration: Short-term rental operators must register with the Florida Department of Revenue to collect and remit the required state sales taxes and county tourist development taxes. The certificate of registration can be obtained by completing the online registration process on the Florida Department of Revenue website.
4. Proof of Liability Insurance: While not explicitly required by the city, it is highly recommended that short-term rental owners carry appropriate liability insurance to protect themselves and their property. Insurance documents can be obtained from your insurance provider.
5. Interior Floor Plan: The Winter Springs Code of Ordinances (Section 22-31) requires short-term rental applicants to submit a detailed floor plan showing the layout of the property, including the number and location of bedrooms, bathrooms, exits, and smoke detectors.
6. Parking Plan: If the rental property has specific parking arrangements or restrictions, it may be necessary to provide a parking plan to the city to ensure compliance with local ordinances. This can be a simple diagram or written description of the available parking spaces and any relevant rules or limitations.
7. HOA Approval or Condo Association Rules: If the rental property is located within a homeowners association or condominium complex, the owner must ensure that short-term rentals are permitted and comply with any specific rules or approval processes. Documentation of HOA approval or relevant condo association rules should be obtained from the respective governing bodies.
8. Business License Fee Payment: The city of Winter Springs requires a fee to be paid for obtaining a business license. The fee amount can be found on the city's website or by contacting the City Clerk's Office.

It's important to note that the specific requirements for short-term rental applications may vary depending on the zoning district and any updates to local ordinances. It's advisable to consult with the Winter Springs Planning and Zoning Division or the City Clerk's Office to ensure you have the most up-to-date information and all necessary documents before submitting your application.

Winter Springs Short-Term Rental Taxes

As a short-term rental host in Winter Springs, Florida, you need to be aware of the various taxes that apply to your rental business. Here's a breakdown of the key taxes you'll need to collect and remit:

State Sales Tax

Florida imposes a 6% state sales tax on short-term rental stays of 6 months or less, often referred to as "transient rental accommodations." This tax applies to the total rental charge, including any cleaning fees or other additional charges.

Discretionary Sales Surtax

In addition to the state sales tax, Seminole County, where Winter Springs is located, imposes a discretionary sales surtax of 1.25% on short-term rental stays. This surtax is added to the 6% state sales tax, bringing the total state and county sales tax rate to 7.25%.

Tourist Development Tax

Seminole County also levies a 5% Tourist Development Tax on short-term rental stays of 6 months or less. This tax is separate from the state sales tax and discretionary sales surtax and must be collected and remitted directly to Seminole County.

Total Tax Rate

In total, short-term rental hosts in Winter Springs must collect and remit a combined tax rate of 12.25% on their rental income. This includes the 6% state sales tax, 1.25% discretionary sales surtax, and 5% Tourist Development Tax.

It's important to note that these tax rates are subject to change, and it's advisable to stay updated on any potential changes to local and state tax laws.

Possible Write-Offs and Deductions

As a short-term rental host, you may be eligible for various tax deductions and write-offs related to your rental business. Some common deductions include:

1. Mortgage interest
2. Property taxes
3. Insurance premiums
4. Utilities (electricity, gas, water, etc.)
5. Cleaning and maintenance costs
6. Repairs and replacements
7. Advertising and marketing expenses
8. Professional fees (accounting, legal, etc.)
9. Depreciation of furniture and equipment

It's recommended to keep detailed records of all expenses related to your short-term rental business and consult with a tax professional to ensure you're taking advantage of all eligible deductions and minimizing your tax liability.

Additionally, if you're operating your short-term rental as a business, you may be able to deduct certain home office expenses, such as a portion of your mortgage or rent, utilities, and other expenses related to the dedicated workspace used for your rental business.

By understanding and properly accounting for the applicable taxes and deductions, you can ensure compliance with local and state regulations while maximizing the profitability of your short-term rental business in Winter Springs.

Florida Wide Short-Term Rental Rules

While the city of Winter Springs has its own local regulations regarding short-term rentals, hosts in the area must also comply with statewide rules and requirements set forth by the state of Florida. Here are some key statewide regulations that affect short-term rental hosts in Winter Springs and across Florida:

Licensing and Registration

One of Florida's statewide mandates for short-term rental properties is that if you rent a property more than three times a year for less than 30 days at a time, or if you advertise the property as a vacation rental, you must obtain a license from the Florida Department of Business and Professional Regulation (DBPR). This license must be renewed annually.

The DBPR also requires short-term rental operators to register with the Florida Department of Revenue to collect and remit state sales taxes and any applicable county tourist development taxes.

Tax Obligations

In addition to obtaining the necessary licenses and registrations, short-term rental hosts in Florida are responsible for collecting and remitting several taxes:

6% State Sales Tax: This tax applies to the total rental charge, including any cleaning fees or other additional charges.

County Tourist Development Tax: This tax rate varies by county but is typically between 4-6% of the rental charge.

Local Option Tax: Some counties and municipalities impose an additional local tax on short-term rentals.

Hosts must ensure they are collecting and remitting the correct tax amounts based on the location of their rental property.

Safety and Operational Standards

The state of Florida has established various safety and operational standards that short-term rental properties must meet. These include requirements related to:

1. Fire safety (smoke detectors, fire extinguishers, etc.)
2. Sanitation and housekeeping
3. Swimming pool safety (if applicable)
4. Disability access and accommodations

Hosts may be subject to inspections by state or local authorities to ensure compliance with these standards.

Advertising Regulations

Florida law requires that any advertisement for a short-term rental must display the DBPR license number for that property. This applies to listings on platforms like Airbnb, VRBO, as well as any other advertising channels.

Proposed Statewide Regulations

It's important to note that the regulatory landscape for short-term rentals in Florida is constantly evolving. In 2024, the Florida Legislature passed Senate Bill 280, which aims to establish a statewide regulatory framework for vacation rentals. If signed into law by the governor, this bill would introduce additional requirements and restrictions, such as:

1. A statewide registry for all vacation rental properties
2. Potential rental inspections and permitting requirements
3. Allowing local governments to impose additional restrictions and fees

Short-term rental hosts in Winter Springs and throughout Florida should stay informed about any changes to state laws and regulations to ensure ongoing compliance and avoid potential penalties or fines.

Does Winter Springs Strictly Enforce STR Rules?

Based on discussions on online real estate forums like Bigger Pockets and Reddit, it appears that Winter Springs is not particularly Airbnb-friendly compared to other cities in the region. The city's zoning code explicitly prohibits short-term rentals in residential districts like R-C1 (Rural Country Estate Residential District), which covers a significant portion of the city's residential areas.

In a case from January 2022, the Winter Springs Code Enforcement Board determined that operating a short-term rental in the Dunmar Estates subdivision, zoned R-C1, violated the city's zoning code. The property owner was fined for renting out the home through platforms like Airbnb and VRBO, as the R-C1 zoning only permits single-family dwellings, horses and ponies, or home occupations.

Despite these restrictions, some hosts continue to operate short-term rentals in Winter Springs, albeit at their own risk. On forums like Bigger Pockets, users have reported instances of code enforcement actions and fines against illegal short-term rentals in the city.

One user shared their experience of receiving a notice of violation from the city for operating an Airbnb in a residential neighborhood, despite having obtained a business license. The user ultimately had to cease short-term rental operations to avoid further penalties.

Another Bigger Pockets user considering purchasing a property in Winter Springs specifically noted the city's strict regulations against short-term rentals in certain zoning districts, advising caution and thorough research before pursuing such an investment.

Overall, the consensus among forum discussions is that Winter Springs takes a firm stance against short-term rentals in residential areas, actively enforcing its zoning code restrictions. While some hosts may attempt to operate under the radar, the risk of fines and potential legal consequences is significant.

Compared to neighboring cities like Altamonte Springs, which allows short-term rentals with proper licensing and permits, Winter Springs appears to be less accommodating to the short-term rental industry. Hosts seeking to operate legally in the area may face limited options due to the city's zoning regulations.

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

Starting a short-term rental business in Winter Springs requires careful planning and adherence to local regulations. Here's a step-by-step guide to help you navigate the process:

1. Verify Zoning Compliance: Before proceeding, it's crucial to confirm that your property is located in a zoning district that permits short-term rentals. Consult the Winter Springs Zoning Code or contact the city's Planning and Zoning Division to verify if short-term rentals are allowed in your area. If your property is in a residential district like R-C1, short-term rentals may not be permitted.
2. Obtain Necessary Licenses and Permits: If short-term rentals are allowed in your zoning district, you'll need to obtain the required licenses and permits from the city. This typically involves:
   - Completing a Business Tax Receipt Application
   - Providing proof of property ownership or a lease agreement
   - Obtaining a Florida Department of Revenue Certificate of Registration for tax purposes
   - Submitting an interior floor plan and parking plan
   - Paying the applicable business license fees
3. Register with State Agencies: In addition to local requirements, Florida state law mandates that short-term rental operators obtain a license from the Florida Department of Business and Professional Regulation (DBPR) if renting the property more than three times a year for less than 30 days at a time or advertising it as a vacation rental.
4. Ensure Compliance with Safety and Operational Standards: Familiarize yourself with the safety and operational standards set forth by the state of Florida and the city of Winter Springs. These may include requirements related to fire safety, sanitation, swimming pool safety (if applicable), and disability access.
5. Obtain Appropriate Insurance: While not explicitly required by the city, it's highly recommended to carry appropriate liability insurance to protect yourself and your property from potential risks associated with short-term rentals.
6. Set Up Your Listing: Once you've obtained the necessary licenses and permits, you can create listings for your short-term rental on popular platforms like Airbnb, VRBO, or others. Ensure your listing complies with advertising regulations, such as displaying your DBPR license number.
7. Collect and Remit Taxes: As a short-term rental host in Winter Springs, you'll be responsible for collecting and remitting various taxes, including the 6% state sales tax, 1.25% discretionary sales surtax, and 5% Seminole County Tourist Development Tax. Keep accurate records and remit taxes as required.
8. Prioritize Guest Experience: To ensure a successful short-term rental business, prioritize providing an exceptional guest experience. Respond promptly to inquiries, maintain a clean and well-appointed property, and be available to address any concerns or issues that may arise during a guest's stay.
9. Stay Informed and Compliant: The regulatory landscape for short-term rentals is constantly evolving, both at the local and state levels. Stay informed about any changes to zoning codes, licensing requirements, tax laws, or other regulations that may impact your business. Maintain compliance to avoid potential fines or penalties.

Starting a short-term rental business in Winter Springs requires diligence and a commitment to following the rules and regulations set forth by the city and state. By taking the necessary steps, obtaining the proper licenses and permits, and prioritizing compliance and guest satisfaction, you can increase your chances of success in this competitive market.

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

If you have questions or need guidance regarding short-term rental regulations and zoning in Winter Springs, here are the key contacts and resources:

Winter Springs Planning and Zoning Division

Address: 1126 East State Road 434, Winter Springs, FL 32708
Phone: (407) 327-5967
Email: planning@winterspringsfl.org
Website: https://www.winterspringsfl.org/departments/planning-and-zoning

The Planning and Zoning Division is responsible for administering the city's zoning code and can provide information on whether short-term rentals are permitted in your specific zoning district.

Winter Springs City Clerk's Office

Address: 1126 East State Road 434, Winter Springs, FL 32708
Phone: (407) 327-5955
Email: cityclerk@winterspringsfl.org
Website: https://www.winterspringsfl.org/departments/city-clerk

The City Clerk's Office handles business license applications and can provide guidance on the required documents and fees for short-term rental permits.

Florida Department of Business and Professional Regulation (DBPR)

Phone: (850) 487-1395
Email: CallCenter@myfloridalicense.com
Website: http://www.myfloridalicense.com/DBPR/

The DBPR is the state agency responsible for licensing and regulating short-term rentals in Florida. They can provide information on obtaining the required state license and any associated regulations.

In addition to these official contacts, you may find the following online communities and resources helpful:

Airbnb Community - Orlando Hosts Forum: community.withairbnb.com/t5/Orlando-Hosts/bd-p/orlando-fl

Connect with other Airbnb hosts in the Orlando area, including Winter Springs, to share experiences and seek advice on various aspects of short-term rental hosting.

Central Florida Vacation Rental Managers Association (CFVRMA): www.cfvrma.com

CFVRMA is a professional association for vacation rental managers in Central Florida. While primarily focused on property management companies, they may offer insights and resources relevant to individual hosts as well.

Florida Vacation Rental Professionals (FVRP): www.fvrp.org

FVRP is a statewide organization representing the interests of vacation rental professionals in Florida. They provide updates on industry news, regulations, and best practices.

By engaging with these contacts and resources, you can stay informed about the latest regulations, seek guidance on compliance, and connect with the short-term rental community in Winter Springs and the surrounding Central Florida region.

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

From browsing various online forums and communities, it's evident that Airbnb hosts in Winter Springs have mixed opinions about the local regulations surrounding short-term rentals. Here are some relevant experiences and perspectives shared by hosts:

Bigger Pockets Forum

A user inquired about the legality of operating a short-term rental in Winter Springs, specifically in the R-C1 zoning district.

Responses from other users highlighted the city's zoning code restrictions, which prohibit short-term rentals in residential districts like R-C1.

One user shared their experience of receiving a notice of violation from the city for operating an Airbnb in a residential neighborhood, despite having obtained a business license.

Reddit r/orlando

A prospective host asked about the process of obtaining permits and licenses for an Airbnb in Winter Springs.

Commenters advised thoroughly researching the zoning regulations, as short-term rentals may not be permitted in certain residential areas.

One user mentioned that Winter Springs is known for being strict on enforcing short-term rental rules, citing instances of fines and penalties for non-compliance.

Airbnb Community Forum

A host sought advice on navigating the short-term rental regulations in Winter Springs, expressing frustration with the city's restrictions.

Responses suggested consulting with the city's Planning and Zoning Division to verify if short-term rentals are allowed in the specific zoning district.

Some users recommended exploring alternative locations in the Orlando area that may be more accommodating to short-term rentals.

Facebook Group "Winter Springs Neighbors"

In a local community group, residents discussed the impact of short-term rentals on their neighborhoods.

Several comments expressed concerns about noise, parking issues, and the potential erosion of community character due to the high turnover of short-term guests.

Some residents voiced support for the city's strict enforcement of short-term rental regulations, citing the need to maintain the residential character of their neighborhoods.

While opinions vary, it's clear that many hosts and prospective hosts in Winter Springs are concerned about the city's zoning restrictions and the potential challenges of operating a short-term rental business within the local regulatory framework. Ongoing discussions and engagement with city officials and the local community will be crucial in finding a balanced approach that addresses these concerns while allowing responsible short-term rental operations to thrive.

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.