Tampa, FL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Permit/License
- DBPR Vacation Rental license sets licensed occupancy
- Florida Building
- Florida Building Code sets minimum bedroom standards
- Stat 509.032
- FL Stat 509.032 preempts STR-specific occupancy caps
- Typical guidance
- Typical guidance is two guests per bedroom plus common areas
- Permit/License
- Exceeding caps can risk state license and local BTR
Summary
STR occupancy in Tampa is governed primarily by Florida DBPR standards and International Building Code provisions. FL Stat 509.032 preempts local STR-specific occupancy caps, so Tampa applies the same habitability standards used for all dwellings.
(7) PREEMPTION AUTHORITY. — (a) The regulation of public lodging establishments and public food service establishments, including, but not limited to, sanitation standards, inspections, training and testing of personnel, and matters related to the nutritional content and marketing of foods offered in such establishments, is preempted to the state. This paragraph does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.206. (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.
Full Breakdown
Short-term rental occupancy in Tampa is capped by the licensed capacity on the property's Florida DBPR Vacation Rental license and by standard building and housing code provisions. Under the Florida Building Code and International Property Maintenance Code, each bedroom must meet minimum square footage, egress, and ventilation standards. Common guidance across Florida jurisdictions is two guests per bedroom plus additional allowances for shared areas, though actual caps depend on square footage and bedroom dimensions.
Florida Statutes 509.032(7)(b) preempts local governments from adopting occupancy caps on vacation rentals that are more restrictive than the caps applied to other residential uses. This means Tampa cannot impose a hard two-guests-per-bedroom rule specific to STRs unless it applies the same rule citywide to all residences. What the city can enforce is the underlying housing code, including overcrowding provisions, parking capacity limits, and fire and life safety rules.
Hosts listing on Airbnb and Vrbo are expected to post the maximum overnight occupancy consistent with their DBPR license and building code limits. Exceeding that cap can jeopardize the state vacation rental license, the local Business Tax Receipt, and insurance coverage. For larger homes seeking to host events or higher day-guest counts, a separate special event or assembly use approval is typically required.
Frequently Asked Questions
Is there a city-specific cap on guests?
How many guests can I advertise?
Can I host events at my STR?
Sources & Official References
Other rules in Tampa
Florida rules heatmap·Compare Tampa to another location·View the Florida short-term rentals overview
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Occupancy Limits in Nearby Cities
How other cities in Hillsborough County handle occupancy limits.