Florida Guest Register and Occupancy Rules for Rentals

Every Florida vacation rental must keep a guest register. Section 509.101(2), Florida Statutes, requires each operator of a transient establishment to record who occupied each rental unit, the dates, and the rates charged, and to show that register to the state on request. Occupancy limits come from two places: a statewide fire safety rule and, in many cities, a local formula.

What does Florida’s guest register law require?

Section 509.101(2) sets four rules. The register shows the dates rental units were occupied and the rates charged. It is kept in chronological order. It is available for inspection by the Division of Hotels and Restaurants at any time. And it may be electronic, which means a booking system’s reservation export can serve as the register if it holds those fields.

There is no stated retention period, but the statute says operators need not make available registers more than two years old. Keeping two full years on hand covers what the division can ask for.

The duty falls on the operator. Section 509.013(2) defines that as the owner, licensee, proprietor, lessee, manager or appointed agent. Under DBPR Rule 61C-1.002, a management company holding a group or collective license is responsible for violations while a home is listed under it.

What other Chapter 509 duties apply to a vacation rental?

The guest register is one of several duties in Chapter 509 and DBPR’s rules:

Duty	What it says	Source
House rules	An operator may set reasonable rules; they are a special contract with each guest, must be printed in English and posted in a prominent place	§509.101(1)
Inspections	Vacation rentals are not on the routine inspection schedule but must be made available to the division on request	§509.032(2)(a)
License display	DBPR’s guide says current licenses or copies must be displayed in a conspicuous place on the premises	DBPR vacation rental guide
Refusing guests	An operator may refuse service, but not based on race, creed, color, sex, pregnancy, physical disability or national origin	§509.092
No hourly rates	No hourly rate for an accommodation; an hourly late checkout fee is allowed	§509.098
Locks	Each bedroom or apartment needs an approved locking device on doors to the outside, adjoining rooms or hallways	§509.211(1)
Guest property	Liability for guests’ property is limited, at $500 or $1,000 depending on how the property was handled	§509.111
Human trafficking training	Annual awareness training for employees who clean rental units, within 60 days of hire for new staff	§509.096

On ejection, section 509.141 lets an operator remove a guest who is intoxicated or brawling, disturbs other guests, or fails to pay or check out by the time specified in writing. A request to leave for failing to check out or pay must be in writing by email, text message or printed paper. A guest who stays after notice commits a second-degree misdemeanor, and the operator may call law enforcement. If the guest paid in advance, the unused portion must be tendered.

What fire safety rules apply inside the home?

The State Fire Marshal’s Rule 69A-43.018 covers one- and two-family dwellings licensed as public lodging. It requires smoke detectors powered by the house electrical system plus one in each sleeping room, a primary exit and a secondary means of escape, battery-powered emergency lighting for the primary exit for at least one hour, and portable fire extinguishers meeting NFPA 10. A floor diagram showing exits must be posted in a conspicuous location, and guests must receive a fire safety pamphlet describing evacuation and how to report a fire. Three- and four-family dwellings follow the Life Safety Code’s hotel chapters instead.

How are occupancy limits set in Florida?

The statewide baseline is in the same rule. Rule 69A-43.018(5) computes the maximum occupancy load for one- and two-family dwellings licensed as public lodging at 150 square feet of gross floor area per person.

Many cities and counties add their own formula. These come from the local codes cited on our city pages:

Formula	Where	Source
One person per 150 sq ft of gross floor area	Walton County (Santa Rosa Beach), Fernandina Beach	Walton Ord. 2023-03; Fernandina Beach §26-101
One person per 200 sq ft of air-conditioned space	Fort Pierce	Code Ch. 22, Art. X
Two per bedroom	Miami Beach, Fort Lauderdale (per sleeping room)	Miami Beach §102-386(e); Fort Lauderdale Ch. 15, Art. X
Two per bedroom plus two, capped at 10 or 12 by district	Indian Rocks Beach	Code §18-216
Two per bedroom plus two, capped at 12	Jacksonville Beach	LDC §34-731
Lesser of two per bedroom plus two, or eight	Cocoa Beach	Code Ch. 26.5
Lesser of two per bedroom plus four, or 24	Destin, Fort Walton Beach (R-1, R1E, R2)	Destin Ch. 13, Art. VI; Fort Walton Beach Ch. 8.13
Greater of six, or two per bedroom	Holmes Beach	Code §4-9
Two per sleeping room plus up to four children under 13	Clermont	Code §§125-586 to 125-590

Where a local cap and the state rule differ, plan to the lower number. Bradenton Beach writes that into its code: occupancy may not exceed the certificate of occupancy or the DBPR license, whichever is less (§59-6).

Do local codes add their own guest records?

Several do, on top of the state register:

• Miami Beach §102-386(k)(5) requires a register with the names and dates of stay of all guests, including invitees, open to city inspection.
• Walton County requires the responsible party to keep every rental agreement for one year after the stay, with set contents including maximum occupancy, the noise ordinance, trash days, an evacuation statement and parking (Ordinance 2023-03).
• Clermont requires a guest log kept for three years.
• Key West §122-1371 and Venice LDC §6.4 require a tenant and vehicle register.
• Indian Rocks Beach §18-215 requires the manager to keep a record of each complaint and the response for at least two years.

One reservation record can satisfy most of these if it captures guest names, number of guests, dates, rate, vehicles and any complaint. Our advertising rules guide covers the matching rule that a listing’s occupancy must match the local certificate.

How Florida Hosts helps

We offer licensing and registration help with the DBPR license, local registration and tax accounts, the paperwork behind every register and occupancy rule above. Our team answers guests 24/7, and our own cleaning and maintenance staff across Florida look after each home between stays. Short-term management is 18–25% of booking revenue, quoted in writing; see our services or ask for a free rental projection within one business day.

This guide is general information and not legal or tax advice; confirm current rules with DBPR, your city or county, or a professional.