Daytona Beach, FL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Zoning
- STRs allowed only in tourist zoning districts and redevelopment overlay areas
- F.s. 509.032(7)(b)
- F.S. 509.032(7)(b) preempts STR-only occupancy caps stricter than other dwellings
- Limit
- Maximum overnight occupancy is set on the DBPR vacation rental dwelling license
- Safety
- Florida Building Code occupant load governs life-safety capacity
- License
- DBPR license required under F.S. Chapter 509 for stays under 30 days
- City Business
- City Business Tax Receipt required (Business Tax Office: 386-671-8140)
- Application
- Volusia County Tourist Development Tax registration required
- License
- Advertised guest count must match licensed and building-code capacity
Summary
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.
A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011. (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation. History. - ss. 1, 2, 9, ch. 6952, 1915; RGS 212, 213, 2130; s. 2, ch. 9264, 1923; CGL 245, 246, 3359; ss. 3, 4, ch. 16042, 1933; CGL 1936 Supp. 245, 246; s. 9, ch. 26945, 1951; s. 1, ch. 28129, 1953; ss. 1, 8, ch.
Full Breakdown
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. 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.
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.
Violations & Fines
Operating an STR outside a permitted tourist or redevelopment overlay district is a zoning violation enforceable through the Daytona Beach Code Enforcement Board with daily fines and abatement orders. Within permitted zones, exceeding the building-code or DBPR-licensed occupancy can trigger fire-code citations, code-enforcement notices of violation, and suspension or revocation of the city Business Tax Receipt and DBPR vacation rental license. Repeated complaints can be referred to DBPR for state-level action against the vacation rental dwelling license under F.S. 509.261.
Frequently Asked Questions
How many guests can stay at a Daytona Beach vacation rental?
Can I run a short-term rental in any Daytona Beach neighborhood?
Sources & Official References
- [1]https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0509/Sections/0509.032.html
- [2]https://www2.myfloridalicense.com/hr/forms/documents/application_packet_for_vacation_rental_license.pdf
- [3]https://www.daytonabeach.gov/266/Rental-Property-Program
- [4]https://library.municode.com/fl/daytona_beach/codes/land_development_code
Other rules in Daytona Beach
Florida rules heatmap·Compare Daytona Beach to another location·View the Florida short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in Volusia County handle occupancy limits.