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

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Palm Bay does not set a city-specific guest cap. Florida Statute 509.032(7)(b) preempts new STR-only occupancy rules, and the city did not have a pre-2011 ordinance to grandfather. The practical limit is whatever the Florida Building Code and DBPR vacation-rental license allow for the property's bedroom count and egress.
Can Palm Bay limit how many people sleep in a vacation rental?
Not directly. The city can enforce general noise (Chapter 92), parking (Section 185.123), and nuisance rules against any home, but it cannot impose an STR-specific per-bedroom or per-guest cap unless that ordinance existed before June 1, 2011, which Palm Bay's did not.
What state rules cap occupancy in a Palm Bay vacation rental?
The Florida Building Code, IPMC bedroom egress and minimum-area rules, and the DBPR vacation-rental license under F.S. 509.241 and F.A.C. 61C-3 set the effective cap. Operators should confirm bedroom count on the DBPR application matches the property's permitted configuration.

Sources & Official References

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