Occupancy Limits: Daytona Beach vs Port Orange

Daytona Beach restricts short-term rentals to designated tourist zoning districts and redevelopment overlay areas (rentals under 6 months are prohibited in residential base zones), but Florida Statute 509.032(7)(b) preempts the city from setting STR-only occupancy caps stricter than other dwellings. Within permitted tourist districts, maximum occupancy is governed by the Florida Building Code occupant load and the maximum overnight occupancy declared on the property's DBPR vacation rental dwelling license.

Florida Statute 509.032(7)(b) preempts Port Orange from adopting occupancy or duration rules that treat vacation rentals differently from other dwellings. Maximum guest counts at a Port Orange STR are therefore tied to the Florida Building Code occupancy load and the maximum overnight occupancy declared on the property's DBPR vacation rental dwelling license under F.S. Chapter 509.