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.
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.
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.
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