Palm Coast Ordinance 2025-01 (Section 17-68) imposes a HARD CAP of 10 occupants per short-term rental property, calculated as two transient occupants per sleeping room or habitable space - whichever produces fewer occupants. Children age 3 and younger do not count toward the limit. The 10-person cap is one of the most restrictive STR occupancy caps in coastal Florida and is permitted under the 2023 amendments to FS § 509.032 that authorize local maximum-occupancy ordinances at up to two per bedroom plus two in common area. Palm Coast's formula is functionally tighter than the statutory maximum. Pets are separately capped at 2 per rental house. When homeowners reside simultaneously with vacationers, the owners count against the maximum.
Palm Coast Ordinance 2025-01 (Section 17-68) was structured to use the maximum-occupancy authority created by the 2023 amendments to FS § 509.032. Under those amendments, local governments may impose maximum occupancy limits on vacation rentals at no more than two persons per bedroom plus an additional two persons in one common area (or higher with square-footage justification). Palm Coast adopted a formula that combines a per-room ratio with a hard total cap: two transient occupants per sleeping room or habitable space, with an absolute maximum of 10 occupants per property regardless of bedroom count. Children age 3 and younger do not count toward the 10-person cap, allowing families with infants and toddlers slightly more flexibility. Critically, when homeowners reside in the property simultaneously with vacationers (such as in a hosted room rental or owner-occupied STR scenario), the owners count against the maximum - the cap is not per-renter-group but per-occupant. The 'habitable space' language captures dens, living rooms, and other spaces that could be used for sleeping but were not originally designed as bedrooms - so a 6-bedroom house cannot count a converted office and a media room as additional 'bedrooms' to inflate occupancy beyond what the original construction supports. The 10-person cap is one of the most restrictive STR occupancy ceilings in coastal Florida; many Atlantic-coast tourist cities operate caps in the 12-16 range. The cap is enforceable as a registration condition: misrepresenting bedroom count or maximum occupancy on the Section 17-68 city registration is grounds for registration revocation, and exceeding the 10-person cap during a stay is enforceable by Code Enforcement with the graduated warning-then-fine framework. Separately, the Florida Building Code's bedroom and egress standards continue to apply - each room used for sleeping must be a legal bedroom with proper egress, smoke detector, ceiling-height minimum, and (for converted spaces) appropriate permits. The Florida Fire Prevention Code's R-3 occupant-load calculations also apply. Pet limit: Section 17-68 separately caps pets at 2 per rental house, and animals must be leashed when off the owner's property. Responsible Party affidavits must certify that no guests are registered sex offenders.
Exceeding the 10-person occupancy cap is a violation of Section 17-68 enforceable by Palm Coast Code Enforcement under the graduated framework: warning with correction period for first violations, then citations up to $250 per day first violation and $500 per day for repeats under FS § 162.09. Pattern violations are grounds for non-renewal or revocation of the city STR registration at the annual renewal cycle. Misrepresenting bedroom count or maximum occupancy on the Section 17-68 registration application is grounds for immediate registration revocation and is also actionable as fraud on the city affidavit requirement. Failing to count children over age 3, failing to count co-resident homeowners, or counting non-habitable spaces as 'sleeping rooms' to inflate occupancy are all enforceable misrepresentations. The 2-pet cap is separately enforceable - exceeding 2 pets per rental house is a Section 17-68 violation, and failure to leash pets off the property is a separate violation. Florida Building Code violations (using a non-egress room or unpermitted basement/garage conversion as a 'sleeping room' or 'habitable space' to inflate occupancy) are enforceable by the Palm Coast Building Department with stop-work orders, fines, and corrective-action orders. Florida Fire Prevention Code occupant-load violations are enforceable by the fire authority. DBPR license violations (misrepresenting bedroom count or maximum occupancy on the Vacation Rental Dwelling license application) are enforceable by DBPR with license suspension. Pattern overcrowding may also support a public nuisance abatement action under FS § 60.05.
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