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

Yes, short-term rentals are allowed in Merritt Island, FL, but with significant restrictions. Merritt Island is located in unincorporated Brevard County and follows county regulations. Currently, much of Brevard County, including Merritt Island, has a 90-day minimum zoning requirement, meaning properties cannot be rented for periods shorter than 90 days unless they are in specifically designated "Resort Dwelling" zones.

This restrictive zoning makes traditional short-term rentals (less than 30 days) extremely limited in most areas of Merritt Island. However, there is ongoing advocacy to change these regulations to allow more flexible short-term rental opportunities.

Current Regulatory Status

Brevard County 90-Day Zoning

• Most of Merritt Island falls under Brevard County's 90-day minimum rental restriction
• Properties outside of HOA restrictions cannot be rented for durations less than 90 days
• Only designated "Resort Dwelling" areas allow shorter-term rentals
• This regulation is considered "absolutely ridiculous" by property rights advocates

Designated Areas

According to the county's Resort Dwelling map, only specific zoned areas in Merritt Island permit short-term rentals under 90 days. These are limited coastal and resort-designated zones.

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

Step 1: Verify Zoning Eligibility

1. Check the Brevard County Zoning Map to confirm your property is in a Resort Dwelling zone
2. Review HOA/Condo Association rules if applicable
3. Contact Brevard County Planning Department for official confirmation

Step 2: Obtain Required Licenses and Permits

If your property qualifies:

1. Florida DBPR License (state requirement)
2. Brevard County Business Tax Receipt
3. Tourist Development Tax registration
4. Fire safety compliance (if required)

Step 3: Set Up Business Structure

• Consider forming an LLC for liability protection
• Obtain an EIN from the IRS
• Open business bank accounts
• Implement proper insurance coverage

Required Documents, Permits, and Licenses

State Requirements (Florida DBPR)

• Vacation Rental License (dwelling or condo classification)
• Human Trafficking Awareness Training certificate
• Balcony Inspection Certificate (for buildings 3+ stories)
• Proof of ownership
• Property details and classification

County Requirements (Brevard County)

• Business Tax Receipt
• Tourist Development Tax registration
• Zoning verification
• Compliance with 90-day minimum rule (unless in Resort Dwelling zone)

Documentation Checklist

• Property ownership documents
• HOA/Condo association approval (if applicable)
• Insurance certificates
• Safety inspection reports
• Emergency contact information
• Guest occupancy limits documentation

Specific Regulations for Merritt Island

Brevard County Regulations

• 90-day minimum rental period in most zones
• 5% Tourist Development Tax collection required
• 7% Florida Sales Tax collection required
• Annual license renewal required
• Safety and cleanliness standards must be maintained

Zoning Restrictions

• Resort Dwelling zones only for rentals under 90 days
• Single-family homes in residential zones subject to 90-day minimum
• Condominiums may have different rules depending on location and HOA restrictions

Ongoing Advocacy Efforts

There is active advocacy to change Brevard County's restrictive short-term rental laws. A petition campaign argues that current regulations:

• Limit private property rights
• Reduce economic opportunities for property owners
• Prevent tourism revenue generation
• Are unnecessarily restrictive compared to other Florida counties

Tax Obligations

State and Local Taxes

• 6% Florida State Sales Tax
• 0.5%-1.5% Discretionary Sales Surtax (county-dependent)
• 5% Brevard County Tourist Development Tax

Federal Tax Considerations

• Income from rentals is taxable
• Business expense deductions available
• Cost segregation strategies possible
• Homestead exemption may be affected if primary residence

Contact Information for Local Authorities

Brevard County Planning and Development

• Phone: (321) 633-2069
• Website: brevardfl.gov
• Address: 2725 Judge Fran Jamieson Way, Viera, FL 32940

Brevard County Tourist Development Office

• Phone: (321) 433-4470
• Website: visitspacecoast.com

Florida Department of Business and Professional Regulation (DBPR)

• Phone: (850) 487-1395
• Website: myfloridalicense.com

Source Links

• Brevard County STR Information
• Florida STR Laws Guide 2025
• Regulatory Compliance Guide
• Current Resort Dwelling County Map

Key Takeaways for STR Investors

1. Limited Opportunities: Current 90-day zoning severely restricts short-term rental opportunities in most of Merritt Island
2. Resort Zones Only: Traditional short-term rentals (under 30 days) are only permitted in designated Resort Dwelling areas
3. Advocacy Active: There's ongoing political effort to change restrictive regulations
4. Compliance Critical: Operating without proper permits can result in significant fines
5. Economic Potential: If regulations change, Merritt Island could become a viable STR market due to its proximity to Kennedy Space Center and beaches

Important Note: Before investing in any property for short-term rental purposes in Merritt Island, verify current zoning and regulations with Brevard County, as advocacy efforts may result in regulatory changes.