Daytona Beach, FL Short-Term Rentals: Occupancy Limits (2026)

The City of Daytona Beach Land Development Code defines short-term rentals as 'Other Accommodations' (dwelling units rented to transient guests for periods shorter than six months) and limits them to designated tourist zoning districts, beachfront, downtown, Midtown, and redevelopment overlay areas; rentals under 6 months and 1 day are not permitted in residential base zoning districts. Within permitted areas, Florida Statute 509.032(7)(b) provides that a 'local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals,' and the same subsection bars Daytona Beach from adopting STR-specific occupancy rules stricter than those applying to other dwellings. As a result, maximum overnight occupancy is set by the Florida Building Code occupant load and by the maximum capacity declared on the operator's DBPR vacation rental dwelling license under F.S. Chapter 509. The DBPR license application requires the operator to declare bedroom count and maximum overnight occupancy, and DBPR Division of Hotels and Restaurants inspectors verify exits, smoke alarms, and life-safety capacity. Operators must also hold a city Business Tax Receipt (renewed annually by September 30 through the Business Tax Office at 386-671-8140), register a Tourist Development Tax account with Volusia County, and obtain a Florida Department of Revenue sales tax number. Advertised guest counts on Airbnb or VRBO must match the licensed and building-code capacity.