Florida Statute 509.032(7)(b) preempts Alachua County from adopting any STR-specific occupancy cap enacted on or after June 1, 2011. Unincorporated Alachua County has no separate vacation-rental occupancy ordinance. Maximum occupancy defaults to the Florida Building Code, the Florida Fire Prevention Code, and the DBPR vacation rental license (which lists rooms and maximum occupants). Generally applicable property maintenance and overcrowding rules still apply.
Under F.S. 509.032(7)(b), local governments may not pass any law, ordinance, or regulation that prohibits vacation rentals or regulates their duration or frequency, and any local ordinance enacted on or after June 1, 2011 cannot be more restrictive than this state preemption (Alachua County has no grandfathered pre-2011 STR ordinance). The Alachua County Unified Land Development Code does not impose a separate occupancy cap on vacation rentals in unincorporated areas. Maximum occupancy is therefore set by: (1) the Florida Building Code Existing Building section on existing dwelling capacity; (2) the Florida Fire Prevention Code (NFPA 101 Life Safety Code) for one- and two-family dwellings and lodging/rooming houses; and (3) the maximum occupancy listed on the DBPR vacation rental license issued under F.S. 509.241, which is based on the number of bedrooms and approved sleeping areas. Generally applicable property maintenance overcrowding standards (Florida Building Code Property Maintenance Section 404) apply to all dwellings regardless of rental status. Septic systems on rural parcels carry a Florida Department of Health design occupancy that effectively caps overnight guests. For exact occupancy figures tied to a specific property, confirm with Alachua County Growth Management at 352-374-5249.
Exceeding building, fire, or septic capacity limits is a code violation enforceable by Alachua County Code Enforcement and the Florida Fire Marshal under generally applicable rules, with fines and corrective orders. Misrepresenting occupancy on a DBPR vacation rental application can result in license suspension under F.S. Ch. 509.
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