Volusia County, FL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Typical Cap
- 2/bedroom + 2
- State Framework
- F.S. §509.032
- Grandfathered Cities
- Pre-2011 rules
- FBC Egress
- Absolute cap
- Sleeping Areas
- Bedrooms only
Summary
Volusia STR occupancy limits governed by F.S. §509.032 preemption framework. Local occupancy caps only allowed if consistent with general residential occupancy rules. Typical standard: 2 per bedroom plus 2 additional. Florida Building Code egress/life safety caps apply.
(b) 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.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Short-term rental occupancy in Volusia County operates under F.S. §509.032, which preempts most local STR regulation adopted after June 1, 2011. However, local occupancy caps are permitted if they apply uniformly to all residential dwellings (not STR-specific). Typical Volusia application: 2 persons per bedroom plus 2 additional persons, for example, a 3-bedroom home allows 8 guests. Daytona Beach, New Smyrna Beach, and other Volusia cities with pre-2011 STR ordinances may have grandfathered stricter rules. Florida Building Code egress and life safety requirements cap occupancy based on square footage and exits. Hosts must accurately state maximum occupancy on listings (Airbnb, VRBO). Sleeping in garages, tents, RVs, or vehicles on the property generally prohibited. Noise-based 'de facto' occupancy enforcement common. Violations may jeopardize DBPR license and local STR registration where required. Florida Senate Bill 280 (2024 legislation) would further formalize occupancy standards if enacted.
Violations & Fines
First violation: warning. Repeat overcrowding: $250-$1,000 local fines plus DBPR license review under F.S. §509.261. Misrepresentation of capacity on listing: fraud liability. Sleeping in non-sleeping areas: code violation, $250+ per occurrence. Chronic violations: STR registration revocation where applicable.
Frequently Asked Questions
Can my 3-bedroom Daytona Beach STR host 12 people?
Can guests sleep in the garage if they bring air mattresses?
Sources & Official References
Other rules in Volusia County
Florida rules heatmap·Compare Volusia County to another location·View the Florida short-term rentals overview
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