Overview: Are Short-Term Rentals Allowed in Davenport, FL?

Short-term rentals ARE explicitly allowed in Davenport, FL, subject to specific regulations and requirements. The city has implemented a clear regulatory framework to govern short-term rental operations, primarily through the City of Davenport Unified Land Development Regulations (specifically Section 4.03.19 addressing "Short-term Rental Units") and through Polk County requirements. These rentals have become increasingly popular due to Davenport's proximity to major attractions like Walt Disney World, leading authorities to establish comprehensive oversight to balance property owner rights with community well-being.

How to Start a Short-Term Rental Business in Davenport, FL

Starting a short-term rental business in Davenport involves a systematic approach requiring compliance with city, county, and state regulations. The process begins with determining the appropriate zoning for your property and proceeds through various licensing and tax registration steps.

Step 1: Verify Zoning Compliance

Before proceeding with any other steps, confirm your property is located in a zone where short-term rentals are permitted. According to Davenport's regulations, short-term rentals are typically allowed in tourist and commercial zones, while residential zones may have stricter regulations or prohibitions.

Step 2: Obtain State-Level Authorization

Florida requires all short-term rental properties to be licensed by the Department of Business and Professional Regulation (DBPR). This license is mandatory regardless of whether food service is provided or if the operation is limited to lodging.

Step 3: Register for State Taxes

Register with the Florida Department of Revenue (DOR) to collect and remit sales tax. This registration is essential for all short-term rental operations in Florida.

Step 4: Secure Local Business Tax Receipt

Obtain a Class B county local business tax receipt from the Polk County Tax Collector for each rental location. This requirement applies to all short-term rentals renting accommodations for periods of six months or less.

Step 5: Establish Tourist Development Tax Account

Set up a Tourist Development Tax (TDT) account with the Polk County Tax Collector. This county-level tax applies to short-term rental accommodations and is in addition to state sales tax.

Step 6: Ensure Safety and Health Compliance

Properties must comply with health and safety standards, including working smoke detectors, fire extinguishers, and compliance with building codes.

Required Documents, Permits, Licenses, and Guidelines

Starting a compliant short-term rental operation in Davenport requires several key documents and registrations:

State Requirements

• Florida DBPR License (lodging establishment license)
• Florida Department of Revenue Sales Tax Registration

County Requirements (Polk County)

• Class B County Local Business Tax Receipt (for each rental location)
• Tourist Development Tax Account Registration
• Proof of state DBPR license must be provided before issuance of county receipt

City Requirements

• Business Tax Receipt from the City of Davenport
• Compliance with zoning regulations
• Adherence to local Land Development Regulations

Safety and Compliance Documentation

• Fire safety inspection documentation
• Building code compliance certificates
• Proof of insurance (recommended)
• Guest information materials detailing house rules and emergency procedures

Special Circumstances

• For infrequent rentals (three or less times per calendar year for periods no more than thirty days): Only a Class A County Local Business Tax Receipt is required
• Vacation home rental managers located outside Polk County: Must obtain a Class B Polk County local business tax receipt, though those with a valid business tax receipt from another Florida county may qualify for an exempt receipt at no charge

Specific Regulations for Short-Term Rentals

Zoning Regulations

Short-term rentals in Davenport are subject to specific zoning requirements. Properties must be located in zones where such rentals are permitted, with tourist and commercial zones typically allowing short-term rentals. Residential zones may have stricter regulations or prohibitions against short-term rentals.

Occupancy Limits

Davenport imposes occupancy limits on short-term rentals to prevent overcrowding and ensure safety. The number of occupants is generally based on the number of bedrooms and the overall size of the property. Typically, there is a maximum of two adults per bedroom, with additional restrictions for larger gatherings.

Safety and Health Standards

All short-term rentals must comply with specific health and safety standards, including:

• Regular inspections for fire safety
• Working smoke detectors and fire extinguishers
• Compliance with building codes to ensure structural safety
• Proper sanitation facilities and waste management systems

Noise and Conduct Regulations

To maintain neighborhood harmony, Davenport enforces noise and conduct regulations for short-term rental properties:

• Quiet hours during the night to minimize disturbances
• Prohibitions on large parties or events without prior approval
• Guidelines for parking to prevent congestion and respect neighbors' spaces
• Property owners must inform guests of these rules

Tax Obligations

Short-term rental owners in Davenport are required to collect and remit several taxes:

• Sales tax (state and county level)
• Tourist development tax (county level)
• Local business tax (county level)
• Property owners must keep accurate records of all rental transactions and payments

Infrequent Rental Provisions

For properties rented three or less times in a calendar year for periods of no more than thirty days, the regulations are less stringent:

• Only a Class A county local business tax receipt is required
• No state regulated business activity is determined for infrequent rentals

Enforcement and Penalties

Davenport takes enforcement of short-term rental regulations seriously. Violations can result in significant consequences:

Common Violations

• Operating without proper registration or licensing
• Exceeding occupancy limits
• Non-compliance with safety standards
• Violating noise or conduct regulations
• Failure to collect and remit required taxes

Potential Penalties

• Monetary fines
• Suspension of rental licenses
• Legal action
• Code enforcement actions

Compliance Recommendations

• Regularly check for updates to local regulations and zoning laws
• Ensure properties are clean, safe, and meet all health and safety requirements
• Provide guests with clear information about house rules, local regulations, and emergency procedures
• Keep accurate records and ensure all taxes are collected and remitted on time
• Be a good neighbor by respecting the local community and addressing any concerns promptly

Contact Information for Local Authorities

City of Davenport

• Website: www.mydavenport.org
• Contact: City Hall for information on business tax receipts and zoning compliance
• Planning Department: For zoning verification and development questions

Polk County Tax Collector

• Website: www.polktaxes.com
• Phone: Contact through website's appointment system
• Services: Local Business Tax Receipts, Tourist Development Tax registration
• Appointment Scheduling: Available through their website for in-person services

Florida Department of Revenue

• Website: floridarevenue.com
• Phone: Contact through website for sales tax registration questions
• Services: Sales tax registration and reporting

Florida Department of Business and Professional Regulation

• Website: www.myfloridalicense.com
• Phone: Contact through website for DBPR licensing information
• Services: Lodging establishment licensing

Important Links to Source Pages

1. Polk County Tax Collector - Real Estate Property Rentals
   https://www.polktaxes.com/services/ta-05-01-real-estate-property-rentals/

2. City of Davenport Unified Land Development Regulations
   https://www.mydavenport.org/vertical/Sites/%7B96FA7459-A704-43EF-A44D-7BFA732F5D2E%7D/uploads/Land_Development_Regulations_(9-11-24).pdf

3. GetChalet - Short-Term Rental Regulation in Davenport, FL
   https://www.getchalet.com/rental-regulations/davenport-fl

4. Reddit Discussion - STR Licensing in Davenport, FL
   https://www.reddit.com/r/airbnb_hosts/comments/1lg2s9h/need_help_with_str_licensing_in_davenport_fl_polk/

Conclusion

Operating a successful short-term rental in Davenport, FL requires thorough understanding and compliance with city, county, and state regulations. By following the proper licensing procedures, maintaining safety standards, and staying informed about regulatory changes, property owners can operate profitable short-term rental businesses while contributing positively to the local community. The regulatory framework, while comprehensive, provides clear pathways for legal operation, making Davenport a viable market for short-term rental investment when approached with proper diligence and compliance.