Davie limits overnight occupancy to two persons per sleeping room, confirmed by on-site inspection. Total gatherings may not exceed 1.5 times the overnight maximum and never more than 20 people. Up to four children under 13 are exempt; owner-occupied rentals with the owner present are exempt from the gathering cap.
Sec. 16-156(b) sets Davie's vacation rental occupancy standards. The maximum number of transient occupants permitted to stay overnight is two persons per sleeping room, with the number of sleeping rooms confirmed by an on-site town inspection. Separately, the maximum number of persons allowed to gather at or occupy the rental at any time may not exceed one and one-half (1.5) times the certified overnight maximum, and in no event may a gathering exceed twenty persons. Up to four persons under thirteen years of age are exempt and do not count toward either limit. The gathering cap does not apply to owner-occupied vacation rentals when the property owner is physically present during the gathering. The certified maximum occupancy must be posted inside the unit and disclosed to guests (Sec. 16-156(d)). Florida law permits this kind of occupancy rule: Fla. Stat. Sec. 509.032(7) bars towns from regulating duration or frequency of rentals but does not prohibit reasonable, uniformly applied occupancy standards. Davie applies a per-bedroom formula rather than banning rentals outright, keeping the ordinance within the state's preemption boundaries.
Exceeding the posted occupancy is a violation of Sec. 16-156. Occupancy violations count as a single violation per rental period (Sec. 16-160(b)(2)) but can support suspension or revocation of the certificate and a penalty of up to $500.
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