Key Facts Full Breakdown Violations FAQ Sources

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

Some Restrictions

Verified 1 month ago|Source: FL §509.032 →

Recently verified

Key Facts

Formula: 2 per bedroom + 2
Hard Cap: 12 overnight max
Daytime: 2x overnight for events
Code Section: §62-1841.5
State Preemption: FL §509.032(7)(b)

City-specific rules exist: Palm Bay, Melbourne, Titusville, and Cocoa have their own occupancy limits rules that differ from Brevard County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Summary

Brevard County vacation rental ordinance (Code §62-1841.5) limits overnight occupancy to 2 persons per bedroom plus 2 additional persons, with a cap of 12 total overnight guests. Applies in unincorporated areas. Coastal cities have their own stricter rules.

Full Breakdown

Brevard County Code §62-1841.5 (Vacation Rentals) regulates occupancy in unincorporated areas. Maximum overnight occupancy is 2 persons per bedroom plus 2 additional persons, not to exceed 12 total overnight occupants regardless of bedroom count. Daytime occupancy for events is capped at 2x overnight occupancy. Sleeping in RVs, tents, garages, or screened porches on the property is prohibited. Listing must accurately state maximum occupancy. Hosts responsible for guest compliance and must post occupancy limits visibly inside the rental. State preemption under FL §509.032(7)(b) prevents the county from banning vacation rentals or limiting duration/frequency, but occupancy and life-safety regulations are allowed. Municipalities (Cocoa Beach, Indialantic, Melbourne Beach) have adopted similar or stricter caps.

Violations & Fines

First violation: written warning. Second: $500 fine. Third: $1,000 fine and possible registration suspension. Fourth: registration revoked, rental prohibited for 1 year.

Frequently Asked Questions

Who enforces occupancy limits rules in Brevard County?

Brevard County's code enforcement division is responsible for short term-rentals ordinances. You can report violations or request information through the Brevard County government website or by calling the main municipal line.

What are typical penalties for violating occupancy limits rules?

Most Brevard County short term-rentals violations start with a written warning followed by escalating civil fines for repeat offenses. Specific dollar amounts and any criminal-misdemeanor exposure depend on the section of code; consult Brevard County's municipal code or staff for the current penalty schedule.

How does Brevard County compare?

See how Brevard County's occupancy limits rules stack up against other locations.

Compare to Another Location View Florida Overview

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

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

Related Brevard County Ordinances

Noise Ordinances: Quiet Hours

Noise Ordinances: Leaf Blower Rules

Parking Rules: Abandoned Vehicles

Parking Rules: RV & Boat Parking

Fence Regulations: Height Limits

Animal Ordinances: Beekeeping

More Short-Term Rentals in Brevard County

Occupancy Limits in Other Cities

How does Brevard County compare?

See something wrong?