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.
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.
Because Palm Bay does not have a numeric guest cap, enforcement is indirect: code violations (Chapter 92 noise, Section 185.123 RV/vehicle rules, Section 174.007 fences, Chapter 93 nuisance) are cited against the property owner as for any other home. Operating an STR without the required Florida DBPR vacation-rental license under F.S. 509.241 is a misdemeanor enforced by the state, not the city. Failure to collect and remit the 5% Brevard County Tourist Development Tax can result in interest, penalties, and tax liens by the Brevard County Tax Collector.
Palm Bay, FL
Palm Bay Code of Ordinances Chapter 92 regulates noise disturbances. Section 92.03 prohibits noise that materially disrupts the peace, with radios, TVs, and ...
Palm Bay, FL
Palm Bay adopts Brevard County's animal control regulations under Chapter 90. Persistent barking for 30 consecutive minutes or longer when not in a noise-baf...
Palm Bay, FL
Palm Bay Code of Ordinances Section 92.03 limits construction to 7 AM to 9 PM on weekdays. After-hours construction requires a permit from the Building Offic...
Palm Bay, FL
Palm Bay Code Section 185.123 restricts RV parking in residential areas. RVs may not park or be stored in the front yard for more than 24 consecutive hours o...
Palm Bay, FL
Palm Bay allows street parking on most residential roads but prohibits overnight parking on major corridors including Palm Bay Road and Malabar Road. Parking...
Palm Bay, FL
Palm Bay regulates commercial vehicle parking in residential areas under Chapter 74.25. Commercial vehicles and equipment are subject to restrictions in resi...
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