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

The City of Palm Bay has not adopted a dedicated short-term rental ordinance, so there is no per-bedroom or numeric guest cap written into the Code of Ordinances or the Land Development Code. Florida Statute 509.032(7)(b), as amended through SB 280 in 2024, preempts municipalities from enacting new ordinances that prohibit vacation rentals or that regulate them based solely on their use, classification, or occupancy. Cities that did not have a vacation-rental ordinance on the books before June 1, 2011 are barred from imposing STR-specific occupancy caps; Palm Bay falls in that category. Operators must therefore look to three other layers for occupancy limits: (1) the Florida Building Code and the International Property Maintenance Code adopted by reference, which set bedroom egress, minimum room area, and ventilation rules that effectively cap how many people a dwelling can lawfully sleep; (2) the Florida DBPR Division of Hotels and Restaurants vacation rental license under F.S. 509.241 and Chapter 61C-3, F.A.C., which requires the property to comply with public lodging safety standards; and (3) Brevard County's Business Tax Receipt program, which requires registration but does not impose an additional occupancy cap. Palm Bay's general Code of Ordinances Chapter 92 noise standards and Section 185.123 vehicle/RV parking rules apply to vacation rentals on the same terms as to any other home, which functions as a de facto check on overcrowding when guests generate noise or parking complaints. Palm Bay Code Compliance staff have publicly confirmed there is no STR registry or guest-cap to enforce.