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

Florida Statute 509.032(7)(b), as amended through SB 280 (2024), preempts municipalities from adopting ordinances that prohibit vacation rentals or regulate them based solely on use, classification, or occupancy unless the ordinance pre-dates June 1, 2011. The City of Melbourne does not have a pre-2011 vacation rental ordinance and has not adopted a registration scheme of its own, so there is no per-bedroom or numeric guest cap written into the Melbourne Code of Ordinances or the Appendix B Zoning regulations. Occupancy is therefore governed by three external layers. First, the Florida Building Code and the International Property Maintenance Code adopted by reference set bedroom egress, minimum room area, and ventilation rules that effectively cap how many people a dwelling can lawfully sleep. Second, the Florida DBPR Division of Hotels and Restaurants vacation rental dwelling license under F.S. 509.241 and Florida Administrative Code Chapter 61C-3 requires the operator to declare bedroom count and maximum overnight occupancy on the license application; DBPR inspectors verify exits, smoke alarms, and life-safety capacity. Third, the Brevard County Tourist Development Tax program (administered by the Brevard County Tax Collector) requires registration but does not impose an additional municipal occupancy cap on properties inside Melbourne city limits. Melbourne's general Code of Ordinances applies on the same terms as for any other home, and the city's Business Tax Receipt program may apply if the rental is operated as a business. Operators using third-party listing platforms must keep the advertised guest count consistent with the building-code occupant load and the DBPR licensed capacity.