Overview: Are Short-Term Rentals Allowed in Merritt Island, Florida?

Short-term rentals are explicitly allowed in Merritt Island, Florida, but with significant restrictions that severely limit investment opportunities. Merritt Island operates under Brevard County regulations, not independent city regulations. The county has implemented a 90-day minimum rental requirement across most residential zones, making traditional short-term rentals (less than 90 days) illegal in the majority of areas. Only properties located in designated "Resort Dwelling" zones are permitted to operate short-term rentals for periods less than 90 days.

This restrictive zoning framework creates a bifurcated market where:

• Most residential properties cannot be rented for fewer than 90 days
• Only specific coastal and resort-designated zones permit traditional short-term rental operations
• Traditional 30-day Airbnb/Vrbo rentals are essentially prohibited outside of these limited resort zones

How to Start a Short-Term Rental Business in Merritt Island

Phase 1: Pre-Purchase Due Diligence

1. Zoning Verification Process

• Obtain official zoning confirmation from Brevard County Planning Department
• Verify whether your property lies within a designated "Resort Dwelling" zone
• Review applicable zoning maps and confirm permissible rental durations
• Contact county officials directly at (321) 633-2069 for zoning verification

2. HOA/Condo Association Review

• Obtain written confirmation from homeowners associations or condo boards regarding short-term rental policies
• Note any additional restrictions beyond county requirements
• Ensure compliance with community bylaws and rules

3. Legal Compliance Assessment

• Confirm property's eligibility for the intended rental duration
• Verify any municipal overlays or additional restrictions
• Review current county ordinances for recent changes

Phase 2: Licensing and Registration Setup

4. State-Level Licensing

• Apply for Florida Department of Business and Professional Regulation (DBPR) vacation rental license
• Choose appropriate license type: Dwelling (single-family) or Condo classification
• Complete human trafficking awareness training certification
• Obtain balcony inspection certificate if property is 3+ stories

5. County-Level Registration

• Register for Brevard County Business Tax Receipt
• Apply for Tourist Development Tax (TDT) account
• Submit zoning verification documentation
• Complete responsible party affidavit designation

Phase 3: Operational Preparation

6. Business Structure Development

• Form Limited Liability Company (LLC) for liability protection
• Obtain Employer Identification Number (EIN) from IRS
• Establish separate business banking accounts
• Secure comprehensive short-term rental insurance coverage

7. Tax Setup and Compliance

• Register with Florida Department of Revenue for sales tax collection
• Set up systems for collecting and remitting applicable taxes
• Implement tracking for deductible business expenses

Required Documents, Permits, Licenses, and Guidelines

State Requirements (Florida DBPR)

Primary Licensing:

• Vacation Rental License (dwelling or condo classification)
• License application must include property classification (single-family home vs. condo/cooperative unit)
• Annual license renewal required

Mandatory Documentation:

• Proof of property ownership or notarized owner authorization
• Human trafficking awareness training certificate
• Balcony inspection certificate (properties 3+ stories)
• Property details including address and classification
• Operator/owner contact information

Additional State Requirements:

• Compliance with Florida's cleanliness and sanitation standards
• Installation and maintenance of required safety equipment (smoke detectors, fire extinguishers)
• Pool safety compliance if applicable

County Requirements (Brevard County)

Business Registration:

• Business Tax Receipt (BTR) - must be renewed annually
• Tourist Development Tax (TDT) registration
• Copy of Florida Department of Revenue certificate of registration

Property-Specific Requirements:

• Zoning verification documentation
• Responsible party affidavit with 24/7 availability commitment
• Parking plan showing designated paved spaces (no street or lawn parking)
• Building evacuation map (minimum 8.5" x 11") posted in rental unit
• Property ownership documentation (deed or tax bill)

Safety and Compliance:

• Fire safety inspection (may be required by local municipality)
• Compliance with 90-day minimum rule (unless in Resort Dwelling zone)
• Adherence to local noise and waste management requirements

Documentation Checklist for Investors

Essential Documentation:

• Property deed or tax bill
• Current DBPR license
• Business Tax Receipt
• TDT registration confirmation
• Responsible party affidavit
• Parking plan diagram
• Building evacuation map
• Insurance certificates
• HOA/Condo board approval (if applicable)
• Fire inspection report (if required)

Operational Documentation:

• Emergency contact information posted in unit
• Guest occupancy limits documentation
• Safety equipment inspection records
• Tax collection and remittance records

Specific Regulations for Short-Term Rentals

Brevard County Regulations (Applicable to Merritt Island)

Duration Restrictions:

• 90-day minimum rental period applies to most residential zones
• Properties outside designated "Resort Dwelling" zones cannot be rented for fewer than 90 days
• Only specific resort-designated coastal areas permit traditional short-term rental durations

Tax Obligations:

• 5% Tourist Development Tax (TDT) collection and remittance required
• 6% Florida State Sales Tax collection and remittance required
• 0.5%-1.5% Discretionary Sales Surtax (county-dependent rate)

Operational Requirements:

• Annual license renewal mandatory
• 24/7 responsible party availability requirement
• Parking restrictions enforced (no street or lawn parking)
• Compliance with cleanliness and safety standards
• Proper waste management and noise control adherence

Zoning Restrictions by Area Type

Resort Dwelling Zones:

• Permits short-term rentals under 90 days
• Limited geographic coverage (primarily coastal areas)
• Subject to all standard licensing and safety requirements
• Must comply with community-specific restrictions

Standard Residential Zones:

• 90-day minimum rental duration requirement
• Traditional STR operations prohibited
• Properties must be rented for extended periods (90+ days)
• Long-term rental regulations apply

Florida State-Level Regulations

DBPR Oversight:

• State licensing required for all vacation rentals
• Annual renewal with compliance verification
• Human trafficking training mandatory for operators and staff
• Building safety inspections (balcony certifications for 3+ story buildings)

Tax Framework:

• State sales tax collection and remittance
• Local option tourist development taxes
• Federal income tax obligations on rental income
• Potential impacts on homestead exemption eligibility

Contact Information for Local Authorities

Brevard County Planning and Development Department

Primary Authority for Zoning Verification

• Phone: (321) 633-2069
• Physical Address: 2725 Judge Fran Jamieson Way, Viera, FL 32940
• Website: brevardfl.gov
• Hours: Monday-Friday, 8:00 AM - 5:00 PM
• Purpose: Zoning confirmation, permit applications, code compliance

Brevard County Tourist Development Office

Tourist Development Tax Administration

• Phone: (321) 433-4470
• Website: visitspacecoast.com
• Purpose: TDT registration, tax collection guidance, tourism promotion

Florida Department of Business and Professional Regulation (DBPR)

State Licensing Authority

• Phone: (850) 487-1395
• Website: myfloridalicense.com
• Purpose: Vacation rental licensing, compliance oversight, license renewals

Brevard County Tax Collector's Office

Business Tax Receipt Processing

• Website: brevardtaxcollector.com
• Purpose: Business tax receipt applications and renewals

Florida Department of Revenue

Sales Tax Registration

• Phone: (877) 357-3725
• Website: floridarevenue.com
• Purpose: Sales tax registration, collection guidance, compliance support

Brevard County Sheriff's Office (Non-Emergency)

Code Enforcement and Compliance

• Phone: (321) 633-7162
• Purpose: Code enforcement, nuisance complaints, compliance verification

Source Links and References

Regulatory and Licensing Information:

• Brevard County STR Information Portal - Advocacy group with comprehensive county regulation details
• Florida DBPR Licensing Portal - Official state licensing authority
• Brevard County Tourism Development Tax Information - Official TDT requirements

Legal and Compliance Resources:

• 2025 Guide to Florida Short-Term Rental Laws - Comprehensive state-level legal framework
• Brevard County Code of Ordinances - Official county code references
• Resort Dwelling Zone Map - Geographic zoning boundaries

Professional Services and Market Analysis:

• STR Profit Map - Merritt Island Market Analysis - Market data and investment analysis
• Summer Vacation Rental Management - Merritt Island - Professional management services overview

Investor Communities and Forums:

• BiggerPockets Space Coast Investment Forum - Local investor experiences and market insights

Critical Investment Considerations

Market Limitations: The current 90-day zoning requirement in Brevard County, including Merritt Island, creates severe limitations for traditional short-term rental investments. Most residential properties are essentially restricted to long-term rental operations, drastically reducing investment opportunities for conventional STR strategies.

Regulatory Environment: The restrictive zoning framework is currently under active advocacy for modification. Property rights advocates are petitioning county commissioners to reconsider the 90-day minimum, suggesting that current regulations limit private property rights and economic opportunities. Potential regulatory changes could significantly impact investment viability.

Risk Factors:

• Operating without proper zoning verification can result in significant fines and legal action
• HOA/Condo restrictions may impose additional limitations beyond county requirements
• Tax obligations must be carefully tracked and remitted to avoid penalties
• Market demand may be limited by the 90-day minimum in most areas

Strategic Recommendations:

• Verify Resort Dwelling zoning before any property acquisition
• Budget additional costs for legal compliance and professional consultation
• Consider mid-term rental (30-89 days) as an alternative strategy in restricted zones
• Monitor county commission meetings and advocacy efforts regarding zoning reform

Investment Viability Assessment: While Merritt Island's proximity to Kennedy Space Center, beaches, and natural attractions creates inherent tourism appeal, current zoning restrictions severely limit traditional short-term rental opportunities. Success in this market requires either (1) acquiring properties within designated Resort Dwelling zones, or (2) adapting strategies to comply with the 90-day minimum rental requirement. The ongoing advocacy efforts suggest potential regulatory changes that could improve investment conditions, but current market conditions present significant operational challenges for conventional STR businesses.