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🏠 Short-Term Rentals/Occupancy Limits

Occupancy Limits: Cocoa vs Palm Bay

How do occupancy limits rules compare between Cocoa, FL and Palm Bay, FL?

Cocoa and Palm Bay have similar restriction levels.

Cocoa, FL

Brevard County

Few Restrictions

Cocoa has not adopted a short-term rental ordinance setting per-bedroom occupancy caps. Florida Statute 509.032(7)(b) preempts cities from adopting STR-specific occupancy limits unless grandfathered before June 1, 2011, and Cocoa has no qualifying ordinance.

View full Cocoa rules β†’

Palm Bay, FL

Brevard County

Few Restrictions

Palm Bay has no city-specific short-term rental occupancy cap. Florida Statute 509.032(7)(b) preempts the city from adopting STR-only occupancy rules unless the ordinance was on the books before June 1, 2011, and Palm Bay did not adopt one. Occupancy is constrained instead by the Florida Building Code, the Florida DBPR vacation-rental license, and Brevard County rules.

View full Palm Bay rules β†’

Key Facts Comparison

FactCocoaPalm Bay
City Occupancy CapNone adoptedNone
State PreemptionFS 509.032(7)(b)F.S. 509.032(7)(b)
Pre-2011 GrandfatherCocoa has no qualifying ordinance-
Building Code FloorIPMC Section 404 (where adopted)-
DBPR LicenseRequired under FS 509.241Required under F.S. 509.241
Confirm WithCocoa Planning & Zoning (321) 433-8535-
Pre-2011 Ordinance-Palm Bay has none
Effective Limit-FL Building Code bedroom rules
Enforcement-General code, not STR-specific

Highlighted rows indicate differences between cities.

Cocoa FAQ

Does Cocoa cap how many guests can stay in a short-term rental?

Cocoa has not adopted a short-term rental ordinance, so no city per-bedroom occupancy cap applies. Florida Statute 509.032(7)(b) prevents cities from adopting new STR-specific occupancy rules unless the rule was on the books on or before June 1, 2011, and Cocoa has no qualifying grandfathered ordinance.

Is Cocoa the same as Cocoa Beach for STR rules?

No. Cocoa Beach is a separate city with its own Vacation Rental Chapter 26.5 limiting occupancy to two guests per bedroom plus two additional, capped at eight total. Those Cocoa Beach rules do not apply inside the City of Cocoa, even though both cities are in Brevard County.

What occupancy floor still applies in Cocoa?

The Florida Building Code and any locally adopted property maintenance code set minimum floor area per occupant. The 2021 IPMC Section 404 typically requires at least 70 square feet for the first occupant and 50 square feet for each additional occupant of a sleeping room. Confirm with Cocoa Building & Permitting at (321) 433-8501.

Palm Bay FAQ

Is there a maximum number of guests for a Palm Bay Airbnb?

Palm Bay does not set a city-specific guest cap. Florida Statute 509.032(7)(b) preempts new STR-only occupancy rules, and the city did not have a pre-2011 ordinance to grandfather. The practical limit is whatever the Florida Building Code and DBPR vacation-rental license allow for the property's bedroom count and egress.

Can Palm Bay limit how many people sleep in a vacation rental?

Not directly. The city can enforce general noise (Chapter 92), parking (Section 185.123), and nuisance rules against any home, but it cannot impose an STR-specific per-bedroom or per-guest cap unless that ordinance existed before June 1, 2011, which Palm Bay's did not.

What state rules cap occupancy in a Palm Bay vacation rental?

The Florida Building Code, IPMC bedroom egress and minimum-area rules, and the DBPR vacation-rental license under F.S. 509.241 and F.A.C. 61C-3 set the effective cap. Operators should confirm bedroom count on the DBPR application matches the property's permitted configuration.

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