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

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 limits Deltona's authority to set vacation-rental-specific occupancy caps that don't also apply to other residential dwellings. Deltona's Land Development Code therefore relies on the Florida Building Code, the Florida Fire Prevention Code, and the maximum occupancy stated on the property's DBPR vacation rental dwelling license under F.S. Chapter 509. The 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 designate a local responsible party reachable to respond to complaints. The City of Deltona enforces overcrowding through fire-code occupancy limits, parking, noise, and life-safety violations rather than a stand-alone STR occupancy cap. Operators using third-party listing platforms must keep the advertised guest count consistent with the building-code occupant load and the DBPR licensed capacity.