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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 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.

Source: Florida Statutes 509.032View official code

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?
No. Tampa applies the same housing code rules that apply to any dwelling because FL Stat 509.032 preempts STR-specific caps.
How many guests can I advertise?
Up to your DBPR licensed capacity and building code limits, commonly two per bedroom plus allowances for living spaces.
Can I host events at my STR?
Only if zoning and special event rules allow. Routine STR use does not authorize weddings or large gatherings.

Sources & Official References

Other rules in Tampa

All Tampa rules

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