Overview: Are STRs allowed in Melbourne Beach, FL?

Short-term rentals (also called vacation rentals or transient public lodging) are permitted in the Town of Melbourne Beach, Florida, subject to municipal registration, inspection, and ongoing compliance with Chapter 74 of the Town Code of Ordinances and related regulations.

Key points for investors:

• The Town explicitly regulates vacation rentals and requires registration before operating. Ordinance 2024-05 expanded and clarified rules covering registration, inspections, occupancy, parking, advertising, background checks, noise controls, and enforcement. A complete copy of the ordinance is provided with this analysis.
• Zoning: The Land Development Code continues to set baseline land use conditions across zoning districts. STR operators must confirm zoning is compatible with short-term rentals before applying. Older zoning restrictions in districts 4-RM and 5-RMO historically limited rentals to 30 days or longer; whether short-term rentals are allowed in these districts turns on recent code interpretations and preemption by Florida Statutes.
• State preemption: Florida Statutes § 509.032(7)(b) prohibits local governments from prohibiting vacation rentals or regulating the duration/frequency of rental based solely on classification; however, Florida allows local regulation for life-safety, parking, occupancy, advertising, inspections, and enforcement. Melbourne Beach’s Chapter 74 is framed to comply with these limits.

Bottom line: STRs are allowed in Melbourne Beach under a formal registration and compliance framework. Always verify zoning and all registration, safety, and advertising requirements before purchase or listing.

How to start a short-term rental business in this market

A practical roadmap for investors, drawn directly from Town guidance and Ordinance 2024-05:

1. Confirm property eligibility and zoning

• Identify the zoning district and check use permissions with the Town’s Zoning Official.
• Residential zoning districts historically limited rental duration. Under current Town practice, STRs may be considered a transient public lodging establishment in the 1-RS, 2-RS, 3-RS, 4-RM, 5-RMO, and 8-B zoning districts, subject to Chapter 74 and state preemption. Because conflicting code language persists in the Land Development Code regarding shorter-term rentals in 4-RM and 5-RMO, investors should obtain a written zoning confirmation before acquisition or listing. Contact the Zoning Official (details below) and cite Appendix A, Land Development Code §§ 7A-31–36 for any zoning references.

2. Pre-inspection readiness and safety standards

• Use the Town’s Pre-Inspection Guide as your safety checklist. While operating as a private residence, certain items did not apply; as an STR, the property must meet life-safety upgrades:
  • Hardwired smoke detectors with battery backup in each bedroom, outside each bedroom, and in common areas per level.
  • Carbon monoxide detectors and emergency lights.
  • Fire extinguishers (multi-purpose 2A:10B:C) on each floor and near outdoor fire features.
  • Minimum window sizes and a landline telephone capable of calling 911 on the main level/common area.
  • Specialized smoke detectors for hearing-impaired guests must be available.
  • Pool/spa compliance with Florida’s Residential Swimming Pool Safety Act.
• Plan for and budget for inspection fees and corrections before scheduling your inspection. The Town sets these by resolution.

3. Registration and responsible party setup

• Designate a 24/7 “responsible party” who can respond within one hour to life-safety, noise, and parking violations and is listed with the Town.
• Submit the complete vacation rental registration application with required documents and fees; only then will the Town review paperwork and schedule inspections.
• Use the Town’s Registration Portal (Deckard) for application and renewals.

4. Advertising and listings

• Include the Town-issued registration number in all marketing/advertising.
• Advertising must disclose maximum occupancy and parking capacity. Advertising more than the allowed occupancy or parking is prima facie evidence of a violation.

5. Pre-arrival screening and compliance

• Obtain sexual offender/predator checks and photo ID records for every guest aged 18+ at least 48 hours prior to check-in. Keep records for 6 months and be prepared to provide them to the Town upon request.
• Immediately notify Melbourne Beach Police if any guest is a sexual offender/predator; comply with Florida separation requirements (see § 775.215).
• Collect occupant names and license plates prior to or at check-in and retain records for one year.

6. Operations and guest communications

• Provide posted local information inside the STR (official address, landline number, owner/responsible party contact, occupancy, parking limits and sketch, emergency numbers, evacuation instructions, sea turtle lighting notes, noise rules, nearby hospitals, and rip-current information from the National Weather Service). Include an evacuation map at exits.
• Enforce occupancy limits: 2 occupants per bedroom plus 2 in a common area, capped at 12 occupants total (10 occupants per unit under Ordinance 2024-05; see the “Adoption timing” note below regarding effective dates).
• Parking: max 4 total vehicles; all vehicles must park within the driveway; no sidewalk, on-street, right-of-way, or grass parking.
• Noise: quiet hours and rules apply. Three citations within 12 months may trigger “noise nuisance property” status with deposit and other requirements for a year.
• Utilities and solid waste: register landline phone for local emergency alerts; comply with solid waste franchise and pickup schedules; no temporary storage containers on-site.

7. Renewal and inspections

• Registration certificates are valid for one year. Renew before expiration and undergo annual inspections. Re-inspection fees apply if an inspection cannot be completed due to owner/agent actions.

8. Taxes and accounting

• Florida Department of Business and Professional Regulation (DBPR): obtain a transient public lodging establishment license.
• Florida Department of Revenue (DOR): register for sales tax; Remi Brevard County’s Tourist Development Tax (TDT) for transient rentals unless a peer-to-peer platform remits on your behalf.
• Maintain records of taxes and provide proof upon request.

Required documents, permits, licenses, and guidelines

Municipal (Town of Melbourne Beach)

• Vacation Rental Registration Form and application (including owner, responsible party, property details, acknowledgment of compliance).
• Business Tax Receipt (Town), if applicable, per Chapter 65.
• Proof of ownership and property address.
• Responsible party contact information (24/7 availability).
• Number of bedrooms and paved off-street parking spaces statement (parking compliance).
• Exterior site sketch: structures, pools/spas, fencing, off-street parking spaces clearly delineated; scaled, with dimensions and scale. A hand-drawn sketch is acceptable.
• Interior floor-by-floor sketch: bedrooms, other rooms, exits, hallways, stairways, and safety equipment; scaled, with dimensions and scale. A hand-drawn sketch is acceptable.
• Florida DBPR transient public lodging license number (if applicable).
• Florida DOR and Brevard County sales/tourist development tax registration certificates (unless platform remits).
• Posting package for inside the STR:
  • Official street address and landline phone number.
  • Name, address, and phone of owner/responsible party.
  • Maximum occupancy.
  • Parking limit and sketch, visitor parking rules.
  • Noise, solid waste, sea turtle lighting, and related town ordinance excerpts (document provided by the Town).
  • Emergency numbers and nearest hospitals with directions.
  • Emergency evacuation instructions and building evacuation map.
  • Rip currents advisory (National Weather Service reference).
• Landline phone on main level/common area with 911 capability; registered for emergency alerts.
• Inspection appointment and fees (initial and annual); re-inspection fees if you cause the missed appointment.
• Advertising must include registration number, occupancy limit, and parking capacity.

State (Florida)

• DBPR transient public lodging establishment license for transient rentals (rentals <30 days or one month, whichever is less, more than three times in a calendar year).
• Florida DOR registration for sales tax collection on transient rentals.
• Compliance with Florida Statutes: § 509.013 (definition of transient public lodging), § 509.242 (vacation rental definition), § 509.032(7)(b) (state preemption framework), § 775.21, § 943.0435, § 944.607, § 985.4815 (sexual offender/predator), and § 775.215 (distance separation from protected locations).

County (Brevard County)

• Tourist Development Tax registration/collection (unless a peer-to-peer platform remits taxes on your behalf).
• Solid waste franchise rules and schedules (observed via Town requirements).

Fees (Town)

• Initial registration, transfer, inspection, and renewal fees are set by Town Commission resolution (Resolution No. 2022-06). Pay fees before application review or inspection scheduling.

Specific regulations for STRs in Melbourne Beach, Brevard County, and Florida

Town-level regulations (Chapter 74, as amended by Ordinance 2024-05)

• Registration required: Apply through the Town’s Registration Portal. A separate certificate is required for each residential dwelling unit. Operating or advertising without a certificate is a violation.
• Registration application contents: ownership proof, owner/responsible party info, DBPR and tax certificates (if applicable), business tax receipt, bedroom count and parking compliance, exterior and interior sketches, acknowledgment of compliance, and landline phone number.
• Inspections: initial and annual inspections are required to verify compliance with the Florida Building Code and Florida Fire/Life Safety Codes. If an inspection cannot be completed due to your actions, re-inspection fees apply. Failure to make the property available within 20 days after written notification is a violation.
• Responsible party: Must be available 24/7 and able to respond within one hour to life-safety, noise, and parking violations. Only one responsible party per property at a time. Change requires written notice to the Town and payment of applicable fees.
• Occupancy limits: (see adoption timing note below)
  • Current Town materials state “two occupants per bedroom plus two in a common area, up to a maximum of 12 total.”
  • Ordinance 2024-05 sets occupancy at “two occupants per bedroom,” capped at “ten occupants per vacation rental,” with a one-year grandfathering path for properties with higher occupancy as of the effective date of the chapter.
  • Note: The Town materials reference two different caps—verify at application time which occupancy limit applies to your property and whether grandfathering is available. If in doubt, operate at the stricter of the two limits until clarified in writing by the Town.
• Parking: All vehicles associated with the STR, including visitors, must park within the driveway. No sidewalk, street, right-of-way, or grass parking. Maximum of 4 vehicles total. Parking plan must be consistent with Town ordinances and the Land Development Code’s parking standards.
• Advertising: Must include the Town-issued registration number, maximum occupancy, and parking capacity. Advertising more than allowable occupancy or parking is prima facie evidence of a violation.
• Noise regulations: No noise clearly audible inside another residence with closed windows/doors, at any time. Noise violations can result in fines. After three violations in a 12-month period (paid or upheld), the special magistrate may deem the property a “noise nuisance property” for 12 months, requiring in-person onboarding of new occupants and an additional $500 deposit (forfeit on subsequent violations), plus prominent notice in the property.
• Sexual offender/predator checks:
  • Inquiry prior to check-in; immediate police notification if a guest is a sexual offender/predator.
  • Obtain a sexual predator background check and copy of photo ID for every guest 18+ at least 48 hours prior to check-in; maintain records for six months; provide to the Town upon request.
  • Comply with Florida distance separation laws (§ 775.215) and Town Code § 73-53 for proximity to places where children congregate. Failure to comply results in revocation of business tax receipt and STR registration.
• Required posting and agreements:
  • Post local information and evacuation map; include the Town’s ordinance excerpt document as an addendum to every vacation rental agreement.
  • Maintain a list of occupant names and license plates for one year.
• Registration suspension: The code enforcement magistrate or court may suspend the STR registration for up to one year for false registration information; for three violations within six months; or for renting during a suspension.
• Exemptions: Pre-existing rental agreements (as defined) are exempt from certain provisions during the period covered by a current valid certificate. Owner-occupied/homestead exemption language exists in prior drafts but was removed by Ordinance 2024-05; the chapter no longer exempts owner-occupied rentals.
• Effective date for existing properties: Existing registered vacation rentals with current valid certificates are not subject to the new registration provisions until March 1, 2025.
• State preemption acknowledgement: The Town cannot prohibit vacation rentals or regulate the duration/frequency of rental based solely on their classification. Ordinance 2024-05 is written to comply with state law while addressing life-safety, compatibility, and enforcement.

County-level considerations (Brevard County)

• Tourist Development Tax (TDT) collection: Register and remit unless a peer-to-peer platform handles taxes for you.
• Sheriff’s Office registration requirements for sexual offenders/predators: Comply with Florida Statutes and notify the Town and County as required.
• Code enforcement and emergency services: The Town coordinates with Brevard County agencies; violators may face county/state-level enforcement depending on the issue.

State-level regulations (Florida)

• DBPR licensure: All transient public lodging establishments must obtain the appropriate DBPR license.
• Sales tax: Register and collect Florida sales tax on transient rental income.
• Preemption: Florida Statutes § 509.032(7)(b) prevents local governments from prohibiting vacation rentals or restricting rental duration/frequency based solely on classification; Florida allows local regulations for parking, inspections, occupancy (as life-safety), advertising, and enforcement.
• Sexual offender/predator statutes: State definitions and requirements apply; comply with §§ 775.21, 943.0435, 944.607, 985.4815, and distance separation § 775.215.

Contact information and resources

Town of Melbourne Beach – Vacation Rentals Program

• Phone: (321) 724-5860
• Alternate/24/7 STR Complaint Hotline: (321) 490-4123
• Fax: (321) 984-8994
• Email: code@melbournebeachfl.org
• Location: Town Hall, 507 Ocean Avenue, Melbourne Beach, FL 32951