Occupancy Limits: Melbourne vs Palm Bay
How do occupancy limits rules compare between Melbourne, FL and Palm Bay, FL?
Melbourne and Palm Bay have similar restriction levels.
Melbourne, FL
Brevard County
The City of Melbourne has not adopted a vacation-rental-specific occupancy ordinance, and Florida Statute 509.032(7)(b) preempts the city from imposing STR-only guest caps unless one was on the books before June 1, 2011, which Melbourne did not have. Practical occupancy limits come from the Florida Building Code, the DBPR vacation rental dwelling license under F.S. 509.241, and Brevard County rules.
View full Melbourne rules →Palm Bay, FL
Brevard County
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 →Key Facts Comparison
| Fact | Melbourne | Palm Bay |
|---|---|---|
| - | - | |
| City Occupancy Cap | - | None |
| State Preemption | - | F.S. 509.032(7)(b) |
| Pre-2011 Ordinance | - | Palm Bay has none |
| Effective Limit | - | FL Building Code bedroom rules |
| DBPR License | - | Required under F.S. 509.241 |
| Enforcement | - | General code, not STR-specific |
Highlighted rows indicate differences between cities.
Melbourne FAQ
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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