Port Orange, FL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- State Preemption
- F.S. 509.032(7)(b) bars STR-only caps
- Occupancy Source
- DBPR license + FL Building Code
- DBPR License
- Required for stays under 30 days
- Local Responsible Party
- Required for complaints
- Business Tax Receipt
- Required (Port Orange)
- Enforcement
- Code Enforcement / Special Magistrate
Summary
Florida Statute 509.032(7)(b) preempts Port Orange from adopting occupancy or duration rules that treat vacation rentals differently from other dwellings. Maximum guest counts at a Port Orange STR are therefore tied to the Florida Building Code occupancy load and the maximum overnight occupancy declared on the property's DBPR vacation rental dwelling license under F.S. Chapter 509.
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. 1, 8, ch. 29821, 1955; s. 1, ch. 57-389; s. 1, ch. 63-420; ss.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
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 the city's authority to set vacation-rental-specific occupancy caps stricter than rules applied to other residential dwellings. Port Orange's Code of Ordinances Chapter 42 (Nuisances) and the Land Development Code give the city tools to address overcrowding indirectly through fire-code occupancy load, parking, and noise enforcement rather than a stand-alone STR occupancy cap. S. Chapter 509) when renting for periods under 30 days more than three times per year.
The DBPR 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. Advertised guest counts on Airbnb or VRBO must remain consistent with the DBPR-licensed capacity and the Florida Building Code occupant load.
Violations & Fines
Exceeding the Florida Building Code occupant load or DBPR-licensed occupancy can trigger fire-code citations, code-enforcement notices of violation through Port Orange's Code Enforcement and special magistrate process, and potential suspension or revocation of the city Business Tax Receipt and the DBPR vacation rental license. Repeated complaints can also be referred to DBPR for state-level action against the vacation rental dwelling license under F.S. 509.261.
Frequently Asked Questions
How many guests can stay at a Port Orange vacation rental?
Does Port Orange enforce a per-bedroom STR occupancy formula?
Sources & Official References
Other rules in Port Orange
Florida rules heatmap·Compare Port Orange to another location·View the Florida short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in Volusia County handle occupancy limits.