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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Florida Statute 509.032(7)(b) prevents Daytona Beach from adopting an STR-specific occupancy cap stricter than for other homes. Maximum guests are governed by the Florida Building Code occupant load and the maximum overnight occupancy stated on the property's DBPR vacation rental dwelling license. Advertised guest counts on Airbnb or VRBO must match that licensed capacity.
Can I run a short-term rental in any Daytona Beach neighborhood?
No. Daytona Beach permits short-term rentals (under 6 months and 1 day) only in designated tourist zoning districts, beachfront, downtown, Midtown, and redevelopment overlay areas. They are not allowed in residential base zoning districts. Confirm zoning with the Business Tax Office at 386-671-8140 before listing the property.

Sources & Official References

Other rules in Daytona Beach

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