Port Orange, FL Short-Term Rentals: Occupancy Limits (2026)

Florida Statute 509.032(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. Port Orange already requires a Business Tax Receipt for any business activity within city limits, and operators must hold a Florida DBPR vacation rental dwelling license (issued under F.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.