Palm Bay, FL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- 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
Summary
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.
A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011. (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation. History. - ss. 1, 2, 9, ch. 6952, 1915; RGS 212, 213, 2130; s. 2, ch. 9264, 1923; CGL 245, 246, 3359; ss. 3, 4, ch. 16042, 1933; CGL 1936 Supp. 245, 246; s. 9, ch. 26945, 1951; s. 1, ch. 28129, 1953; ss. 1, 8, ch.
Full Breakdown
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. 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.
S. , 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. 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.
Violations & Fines
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.
Frequently Asked Questions
Is there a maximum number of guests for a Palm Bay Airbnb?
Can Palm Bay limit how many people sleep in a vacation rental?
What state rules cap occupancy in a Palm Bay vacation rental?
Sources & Official References
- [1]https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0509/Sections/0509.032.html
- [2]https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0509/Sections/0509.241.html
- [3]https://codelibrary.amlegal.com/codes/palmbay/latest/palmbay_fl/0-0-0-5227
- [4]https://www.bnbcalc.com/blog/short-term-rental-regulation/Palm-Bay-Florida-guide
Other rules in Palm Bay
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Occupancy Limits in Nearby Cities
How other cities in Brevard County handle occupancy limits.