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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Deltona, Port Orange, Daytona Beach, and Ormond Beach have their own occupancy limits rules that differ from Volusia County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(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.

Source: F.S. §509.032View official code

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?
Probably not. Typical Volusia-area limit is 2 per bedroom plus 2 additional = 8 guests for a 3BR. Daytona Beach grandfathered STR rules may be stricter. Check local Code and verify the maximum on your listing.
Can guests sleep in the garage if they bring air mattresses?
No. Garages are not 'sleeping rooms' under Florida Building Code and count against neither the bedroom total nor the egress occupancy. Using garages for sleeping is a code violation and can draw fines plus DBPR review.

Sources & Official References

Other rules in Volusia County

All Volusia County rules

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Occupancy Limits in Cities Across Volusia County