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

Titusville LDR Section 28-9 (originally adopted in 2007) defines a short-term rental as renting a dwelling three months or less, four times or less within a year, and prohibits the rental of an entire single-family dwelling for those periods in residential and mixed-use zoning districts. Because the ordinance pre-dates the June 1, 2011 effective date in F.S. 509.032(7)(b), it is grandfathered and the state's preemption of local vacation-rental regulation does not invalidate it. The practical effect is that whole-house Airbnb or VRBO listings of less than three months are not permitted in Titusville's residential and mixed-use districts. Owner-hosted room rentals are treated differently: in 2019, the Titusville Code Enforcement Board ruled 3-2 that a couple renting individual rooms while remaining present in the home did not violate Section 28-9, because they never rented the entire dwelling. That ruling did not amend the ordinance, but it established a precedent that hosted room-rental arrangements (owner physically resident, partial dwelling only) fall outside the Section 28-9 prohibition. Where short-term rental is permitted (commercial transient accommodation districts under Section 28-176, or hosted room rentals as described above), occupancy is then governed by external rules: the Florida Building Code and the International Property Maintenance Code adopted by reference set bedroom egress, minimum room area, and ventilation rules; the Florida DBPR Division of Hotels and Restaurants vacation rental dwelling license under F.S. 509.241 and Florida Administrative Code Chapter 61C-3 requires the operator to declare bedroom count and maximum overnight occupancy on the license application; and the Brevard County Tourist Development Tax program registers operators but does not impose its own numeric guest cap. Operators using third-party listing platforms must keep the advertised guest count consistent with the building-code occupant load and the DBPR licensed capacity.