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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Per bedroom
Two persons per bedroom, plus two additional persons
Per living area
One person per 150 square feet of temperature-controlled space
Absolute ceiling
Twelve persons
Owner-occupied
Cap does not apply
Grandfathered cap
Two per bedroom plus four, for five years
Bedroom minimum
100 square feet plus closet or en suite bathroom

Summary

A vacation rental in the City of Bradenton, Florida is capped at the lowest of three figures: two persons per bedroom plus two, one person per 150 square feet of temperature-controlled living space, or twelve persons. Owner-occupied properties are outside the cap.

(a)The maximum occupancy of a vacation rental shall be stated in the vacation rental registration form, and shall be limited to the lessor of:(1)Two persons per bedroom, plus two additional persons; or(2)One person per 150 square feet of temperature-controlled living space within the vacation rental; or(3)Twelve persons.(b)The maximum occupancy restriction as set forth above shall not apply when the property is occupied by the vacation rental owner.

Full Breakdown

Section 22-64 of the Bradenton Code of Ordinances sets the maximum occupancy of a vacation rental. The number is stated on the registration form and limited to the lessor (the code's printed word) of three measures: two persons per bedroom, plus two additional persons; one person per 150 square feet of temperature-controlled living space; or twelve persons. The twelve-person ceiling applies to every unit however large. The cap does not apply when the property is occupied by the vacation rental owner, and section 22-51 defines owner occupied as the primary and permanent residence of the owner.

What counts as a bedroom matters. Section 22-51 requires a room of at least 100 square feet with a bed or other place for sleeping and either a separate closet built into the room or an en suite bathroom. Bathrooms, kitchens, dining areas and main living areas do not count, and a room added or converted without required building permits is not a bedroom. Owners report bedrooms, full bathrooms and square footage on the application under section 22-52(b), and the certificate of registration states the maximum occupancy under section 22-53(c). An increase in bedrooms, living area or maximum occupancy requires an amended certificate under section 22-55.

Section 22-64(c) offers grandfathered status for five years to rentals that were operating at a higher occupancy when the article took effect. The grandfathered cap is two persons per bedroom plus four additional persons, on sworn proof of existing use, with applications due no later than January 1, 2023. Changing the number of bedrooms ends grandfathering, and it is treated as abandoned if no valid certificate exists for more than 13 continuous months. Section 22-65 separately exempts pre-existing rental agreements fully executed before the effective date.

Advertising is policed as well. Section 22-66 bars advertising above the maximum occupancy, and any such advertisement creates a rebuttable presumption that the rental was used in violation. The maximum occupancy must be posted near the main entrance under section 22-61(b)(1). Parking is tied to the cap by one space per four persons under section 22-62.

Violations & Fines

Section 22-67(a) makes it unlawful to rent a vacation rental for occupancy above its maximum, and unlawful to be an occupant when the number exceeds it. Each day is a separate violation. Section 22-68 allows code enforcement board penalties under Florida Statutes chapter 162, suspension of the certificate, injunctive relief and liens.

Frequently Asked Questions

What is the maximum occupancy of a Bradenton vacation rental?
Section 22-64(a) limits it to the lowest of three measures: two persons per bedroom plus two additional persons, one person per 150 square feet of temperature-controlled living space, or twelve persons. The result is stated on the registration form and the certificate of registration.
Does the cap apply when the owner is staying there?
No. Section 22-64(b) says the maximum occupancy restriction does not apply when the property is occupied by the vacation rental owner. Section 22-51 defines owner occupied as the primary and permanent residence of the owner of the property.
What counts as a bedroom under the rule?
Section 22-51 requires at least 100 square feet, a bed or other place for sleeping, and either a separate integral closet or an en suite bathroom. Bathrooms, kitchens, dining areas and main living areas are excluded, as are rooms added or converted without required building permits.
Can I advertise a higher number of guests?
No. Section 22-66 makes it a violation to advertise the rental as available for occupancy above the established maximum. Advertising through any medium that describes a higher level creates a rebuttable presumption that the rental was used in violation of the section.

Sources & Official References

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