Spring Hill STR occupancy is currently governed by the Florida Building Code bedroom standards, the Florida Department of Business and Professional Regulation (DBPR) Vacation Rental Dwelling/Condo license maximum-occupancy declaration, and the 2023 FS § 509.032 framework that authorizes local maximum occupancy at no more than two persons per bedroom plus two in a common area (or higher with square-footage justification). Hernando County does NOT currently impose its own numerical occupancy cap, though the pending Certificate of Use ordinance referenced by the Hernando Sun (Feb 15, 2026) is expected to add capacity provisions when it returns to the Board of County Commissioners in April 2026. Operators must declare maximum occupancy on the DBPR vacation rental license application and on the Hernando County Vacation Rental Permit. Misrepresentation is grounds for license and permit action.
Spring Hill STR occupancy operates under three converging frameworks. First, the Florida Building Code bedroom standards govern what counts as a legal bedroom: each room used for sleeping must have proper egress (minimum 20 inches wide, 24 inches tall, 5.7 sq ft openable area; sill no more than 44 inches above the floor), a smoke detector, ceiling height of at least 7'-0", and (for converted spaces) appropriate building permits. Unpermitted basement, garage, or attic conversions do NOT count as bedrooms for occupancy purposes. Second, the Florida DBPR Vacation Rental Dwelling/Condo license (FS § 509.241/509.242) requires operators to declare maximum occupancy on the license application, and the maximum occupancy must be posted within the unit. DBPR uses the Florida Fire Prevention Code's R-3 occupant-load calculations as the ceiling for declared maximum occupancy - generally based on bedroom count, sleeping-area square footage, and egress capacity. Third, the 2023 amendments to FS § 509.032 expressly permit local governments to 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). Hernando County has NOT yet adopted a specific numerical occupancy cap in its Vacation Rental Permit framework. The pending Certificate of Use ordinance referenced by Hernando Sun (Feb 15, 2026) was expected to add capacity provisions when it returned to the Board of County Commissioners for second-draft review in April 2026 - the most likely structure (following Palm Coast Section 17-68 and other recent Florida county ordinances) would be a 'two per bedroom plus two in common area' cap with an absolute hard cap (e.g., 10 or 12 total occupants regardless of bedroom count). Until the county-specific cap is adopted, the operative occupancy ceiling is whatever the operator declares on the DBPR license application (subject to Florida Fire Prevention Code R-3 occupant-load) and posts inside the unit. Operators should: (a) calculate maximum occupancy using the 'two per legal bedroom plus two in common area' formula as a safe default that anticipates the upcoming county cap, (b) post the maximum occupancy inside the unit per DBPR requirements, (c) decline bookings that exceed the declared maximum, and (d) check the specific Spring Hill subdivision's deed restrictions for any additional occupancy or guest limits, which are enforceable by the association independently of county or state rules. Children typically count toward occupancy under Florida Fire Code R-3 calculations, though some county ordinances (like Palm Coast Section 17-68) exempt children age 3 and younger - whether Hernando County will adopt a similar exemption in the pending ordinance is unconfirmed.
Misrepresenting bedroom count or maximum occupancy on the Florida DBPR Vacation Rental Dwelling/Condo license application is enforceable by DBPR under FS § 509.241 with license suspension, revocation, or denial of renewal. Misrepresenting the same information on the Hernando County Vacation Rental Permit application is enforceable by Hernando County Code Enforcement with permit revocation. Operating an STR with documented occupancy exceeding the DBPR-declared maximum is a violation enforceable by both DBPR (license action) and Hernando County (permit action, plus FS § 162.09 fines up to $250/day first violation and $500/day repeat under the standard county enforcement framework). Using a non-egress room or unpermitted basement, garage, or attic conversion as a 'sleeping room' to inflate occupancy is a separate Florida Building Code violation enforceable by the Hernando County Building Department with stop-work orders, fines, and corrective-action orders requiring permit applications or physical reversal of the conversion. Florida Fire Prevention Code R-3 occupant-load violations are enforceable by the Hernando County fire authority. HOA and deed-restriction occupancy limits in the specific Spring Hill subdivision are enforceable by the association under the governing documents independently of state and county action. When the pending Certificate of Use ordinance is adopted with explicit county occupancy caps, expect a graduated enforcement framework with permit non-renewal/revocation for pattern over-occupancy violations. Pattern over-occupancy may also support a public nuisance abatement action under FS § 60.05.
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