Brevard County, FL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Local Term
- Resort dwelling (§ 62-1102)
- Occupancy Cap
- No more than the number of rooms
- Set By
- Planning and zoning, from submitted floorplan
- Parking
- One off-street space per bedroom
- Penalty
- Tax receipt suspended 30 days or revoked
Summary
Brevard County calls short-term rentals resort dwellings, meaning homes rented for under 90 days. Where they are allowed, the number of people occupying one at any given time cannot exceed the number of rooms in the residence, set from a submitted floorplan.
(7)  PREEMPTION AUTHORITY. — (a)  The regulation of public lodging establishments and public food service establishments, including, but not limited to, sanitation standards, inspections, training and testing of personnel, and matters related to the nutritional content and marketing of foods offered in such establishments, is preempted to the state. This paragraph does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.206 . (b)  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.
Full Breakdown
Sections 62-1841.5.5 and 62-1945.2 both cap maximum occupancy at the number of rooms in the residence, established by the planning and zoning office at the time of business tax receipt review from a floorplan you submit. There is no per-bedroom formula and no fixed headcount ceiling in the code. Single-family resort dwellings also need one off-street parking space per bedroom, and guests may not park on the street. These performance standards must appear in the rental agreement and be posted conspicuously inside the unit, and each rental needs a local manager reachable 24 hours a day.
Violations & Fines
The code enforcement special magistrate may suspend the resort dwelling's business tax receipt for up to 30 days, or revoke it for repeat violations. A revoked license cannot be reissued for one year.
Frequently Asked Questions
What are typical penalties for violating occupancy limits rules?
Sources & Official References
- [1]FL §509.032
Other rules in Brevard County
Florida rules heatmap·Compare Brevard County to another location·View the Florida short-term rentals overview
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