Brevard County, Florida Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Brevard County, Florida?

Short-term rentals, such as those listed on Airbnb and VRBO, have become increasingly popular in Brevard County, Florida. However, property owners looking to start a vacation rental business need to be aware of the various regulations and taxes that apply.

Starting a Short-Term Rental Business in Brevard County

To legally operate a short-term rental in Brevard County, you must:

• Check your local zoning laws to ensure short-term rentals are allowed. Much of the county has a 90-day minimum rental period, prohibiting rentals less than 3 months in residential areas. Some cities like West Melbourne only allow weekly or longer rentals in residential zones.
• Register your rental property with the county and obtain a business tax receipt. You will need to renew this annually.
• Collect and remit the 5% Brevard County Tourist Development Tax from your guests in addition to the 6% Florida sales tax. This tax applies to rentals of 6 months or less.
• Follow all state lodging regulations, including having a current license from the Department of Business and Professional Regulation (DBPR), meeting safety and sanitation standards, etc.
• If your property is part of an HOA or condo association, check their rules as well. They may have additional restrictions on rentals.

Some cities like Cape Canaveral require a special registration and inspection of vacation rentals on top of the county requirements. The City of Brevard recently passed an ordinance prohibiting new short-term rentals in residential zones, only allowing them in mixed-use and commercial areas going forward. So it's important to check regulations with your specific city as well.

The county allocates the tourist development tax revenue to promote and advertise tourism, fund beach park facilities, and support cultural events and activities. So while the taxes and regulations add some complexity, they ultimately help bolster the tourism industry that short-term rentals are a part of.

By carefully following all the local rules, obtaining the proper licenses and tax receipts, and providing an appealing property for guests, you can successfully operate a short-term rental business in Brevard County. The Space Coast's beautiful beaches and attractions continue to drive demand for vacation accommodations year-round.

Short-Term Rental Licensing Requirements in Brevard County

To legally operate a short-term rental (less than 6 months) in Brevard County, property owners must meet the following requirements according to the Brevard County Tax Collector's office:

1. Register the rental property with the county and obtain a Business Tax Receipt. This must be renewed annually. The fee is $37 plus any penalties per year the rental was operating without being registered.
2. Collect and remit the 5% Brevard County Tourist Development Tax from guests in addition to the 6% Florida sales tax. These taxes apply to rentals of 6 months or less and are due monthly.
3. Follow all state lodging regulations, including having a current license from the Department of Business and Professional Regulation (DBPR), meeting safety and sanitation standards, etc.

To register, submit a Business Tax Receipt application to the Tax Collector's office by mail, fax, or in person. Once approved, the Business Tax Receipt will be issued after paying the applicable fees. The process typically takes 1-2 weeks.

Failure to register and obtain a Business Tax Receipt can result in penalties. If Tourist Development Taxes are not paid, the county can issue a Warrant against the property owner's real and/or personal property, creating a lien.

Some cities have additional requirements. For example, Cape Canaveral has a Vacation Rental Registration and Inspection Program with a $30 application fee. Melbourne Beach requires a $500 registration fee, $150 inspection fee, and various documentation to be submitted to the Town Clerk.

Property owners are ultimately responsible for ensuring their short-term rental is properly licensed and remitting all required taxes, even if using a rental agent or platform. Operating an unlicensed rental risks fines and legal action from the county and city.

Required Documents for Brevard County Short-Term Rentals

To legally operate a short-term rental in Brevard County, property owners must submit the following documents according to the Brevard County Tax Collector's office and local municipal requirements:

Business Tax Receipt Application: Submit a Business Tax Receipt application to the Brevard County Tax Collector's office to register the rental property. This can be done by mail, fax, or in person. The fee is $37 plus any penalties per year the rental was operating without being registered.

Florida Department of Revenue Certificate of Registration: Register with the Florida Department of Revenue to collect and remit sales taxes and tourist development taxes. Submit a copy of the certificate with your Business Tax Receipt application.

Florida Department of Business and Professional Regulation (DBPR) License: Obtain a license from the Division of Hotels and Restaurants under the DBPR. This ensures the property meets state lodging standards for safety and sanitation. Submit a copy of the license with your application.

Proof of Property Ownership: Provide a copy of the deed or property tax bill to prove ownership of the rental property. If the applicant is not the property owner, notarized authorization from the owner is required.

Responsible Party Affidavit: Designate a responsible party, such as a property manager or co-host, who will respond to any issues with the property within one hour. They must be available 24/7 by phone. Submit a signed affidavit from the responsible party agreeing to this role.

Parking Plan: Create a parking plan showing all vehicles will be parked in designated paved spaces on the property, not on streets or lawns. For any boats or trailers, follow special parking rules in the county code.

Evacuation Map: Provide a building evacuation map that will be posted in the rental unit. It must be at least 8.5x11 inches.

Some cities have additional requirements:

1. Melbourne Beach requires a Vacation Rental Registration Form with a $500 fee, interior and exterior inspections, proof of insurance, a floor plan, and other documents to be submitted to the Town Clerk.
2. Cape Canaveral has a Vacation Rental Registration and Inspection Program with a $30 application fee.

Failure to submit all required documents and obtain proper licenses can result in fines and penalties from the county or city. The approval process typically takes 1-2 weeks once all documentation is submitted.

Brevard County Short-Term Rental Taxes

Short-term rental owners in Brevard County must collect and remit the following taxes:

1. Brevard County Tourist Development Tax: This is a 5% tax on the total rental amount for accommodations rented for 6 months or less. It applies to hotels, motels, vacation rentals, and other short-term lodging. The tax is due monthly and must be remitted to the Brevard County Tax Collector by the 20th of the following month.
2. Florida State Sales Tax: The state levies a 6% sales tax on rental accommodations. This is in addition to the county tourist tax and is remitted to the Florida Department of Revenue. Owners must register with the DOR to collect and pay the tax.

So in total, short-term rental guests pay 11% tax in Brevard County - 5% to the county and 6% to the state.

The county uses the tourist development tax revenue to fund beach park facilities, beach improvement and maintenance, tourism advertising, cultural events, capital projects like the zoo, and other tourism-related purposes as outlined in the county code.

Possible Tax Deductions

Short-term rental owners can deduct many of the expenses associated with operating the business to reduce their taxable income. Some common deductions include:

1. Mortgage interest
2. Property taxes
3. Insurance premiums
4. Utilities
5. Cleaning and maintenance costs
6. Supplies
7. Repairs
8. Advertising and platform fees (Airbnb, VRBO, etc.)
9. Depreciation on the rental property
10. Home office expenses if you have a dedicated space for managing the rental

It's best to consult with a tax professional to determine which deductions apply to your specific situation and how to properly document them. Keeping accurate records of all rental income and expenses is critical for tax purposes.

By understanding the tax obligations and possible deductions, short-term rental owners in Brevard County can ensure they are in compliance and operate the business efficiently. The 11% tax is ultimately passed on to guests, but proper management of expenses can help owners maximize the profitability of their rental business.

Florida Wide Short-Term Rental Rules

In addition to Brevard County's specific regulations, short-term rental hosts must also comply with state-level rules in Florida. Here are some of the key state laws and requirements:

1. Licensing: The Florida Department of Business and Professional Regulation (DBPR) requires hosts to obtain a license for "transient public lodging establishments" rented for periods of less than 30 days and 1 day. This includes vacation rentals, timeshares, and other short-term rentals. The initial and renewal license fee is $50 per unit.
2. Taxes: Short-term rental operators must collect and remit the 6% Florida state sales tax, plus any applicable discretionary sales surtax. This is in addition to the Brevard County Tourist Development Tax. Hosts can register with the Florida Department of Revenue to pay these taxes.
3. Property Regulations: The 2014 Florida Vacation Rental Act prevents local governments from prohibiting short-term rentals or regulating the duration and frequency of stays. However, cities can still impose rules related to noise, parking, trash, and other aspects that fall under general residential regulations.
4. Tenant Protections: Florida's Landlord-Tenant Act does not apply to short-term rentals less than 30 days. However, hosts must still follow the state's Public Lodging Establishment laws, which include maintaining a guest register, providing fire safety and escape information to guests, meeting sanitation and safety standards, etc.
5. Homestead Exemption: Florida hosts who rent out their primary residence for more than 30 days per year risk losing their homestead tax exemption. Homestead properties are taxed at a lower rate, so it's important to factor this in when deciding to use your home as a short-term rental.
6. HOA Rules: If the rental property is located within a homeowners association (HOA) or condominium complex, hosts must comply with any rules set forth by the HOA as well. These may include restrictions on short-term rentals altogether.

In 2024, Florida passed a new law allowing local governments to require short-term rental owners to register their properties and charge a "reasonable fee" to do so. The law also allows cities and counties to implement fines for violations and set occupancy limits. However, the state still prevents local authorities from outright banning short-term rentals in residential areas.

Overall, while Florida state laws limit how much local governments can regulate short-term rentals, hosts must carefully navigate both state and county-level requirements to legally operate. This includes obtaining proper licenses, paying accommodation taxes, following safety guidelines, and complying with any applicable local ordinances.

Does Brevard County Strictly Enforce STR Rules?

Based on discussions in real estate forums like Bigger Pockets and Reddit, Brevard County appears to be one of the stricter counties in Florida when it comes to enforcing short-term rental regulations. Many hosts and residents report that the county actively cracks down on unregistered or non-compliant rentals.

In a Reddit thread, one user noted that "Cape Canaveral is overrun with Airbnbs" and questioned what will happen when there are no service workers left due to skyrocketing rents. Another mentioned losing their apartment in Cocoa Beach after the building was converted to short-term rentals charging exorbitant prices.

County Commissioner John Tobia stated in a 2023 meeting that fewer than 20% of the 1,200+ short-term rentals in unincorporated Brevard are properly licensed. The county is even exploring using AI software to identify and fine illegal operators.

Despite the enforcement efforts, many hosts continue to fly under the radar. The allure of high rental income seems to outweigh the risks for some. One Titusville host was shocked to receive a citation for violating the city's ban on short-term rentals after openly listing his property on Airbnb for months.

Compared to other tourist-heavy parts of Florida, Brevard County is less friendly to short-term rentals overall. While some cities have ordinances grandfathered in before the state prohibited local bans in 2011, Brevard's rules are more recent and comprehensive across the county.

Frustrated residents are pushing for even stricter enforcement. Homeowners in Melbourne Beach are lobbying state lawmakers to give local authorities more power to regulate the industry. They argue short-term rentals are disrupting neighborhoods and depleting long-term housing stock.

So while determined hosts may still find ways to operate under the radar for now, Brevard County seems intent on tightening the reins on short-term rentals. Increased enforcement, new registration requirements, and the potential for steeper fines all point to an uphill battle for Airbnb and VRBO hosts in the Space Coast.

How to Start a Short-Term Rental Business in Brevard County

Starting a short-term rental business in Brevard County requires careful planning and compliance with local regulations. Follow these steps to get your vacation rental up and running:

1. Check zoning and HOA rules: Before investing in a rental property, verify that short-term rentals are allowed in the zoning district and any applicable HOA. Some areas have minimum rental periods (e.g. 3 months) or prohibit STRs altogether.
2. Obtain a Brevard County Business Tax Receipt: Register your rental property with the Brevard County Tax Collector's office and pay the $37 annual fee. You'll need to provide proof of ownership, a DBPR license, and other documentation.
3. Get a Florida DBPR Vacation Rental License: Apply for a license from the Department of Business and Professional Regulation. This ensures your property meets state lodging standards. The fee is $50 per unit plus a biannual or annual fee based on the number of units.
4. Register with the Florida Department of Revenue: Sign up with the DOR to collect and remit the required 6% state sales tax and 5% Brevard County tourist development tax on your rental income.
5. Obtain required inspections and certificates: If your rental has balconies or railings, you'll need a Certificate of Balcony Inspection every 3 years. Some cities also require building inspections for safety and code compliance.
6. Secure proper insurance coverage: Purchase commercial liability insurance and property coverage designed for short-term rentals. Require guests to sign a rental agreement that limits your liability as well.
7. Create a detailed property listing: Take high-quality photos and write an appealing description that highlights your rental's best features. Be clear about house rules, amenities, and local attractions. List your property on popular sites like Airbnb and VRBO.
8. Automate and optimize your operations: Use vacation rental software to manage bookings, cleanings, and guest communication. Consider hiring a reputable property management company if you need local support.
9. Provide top-notch guest service: Respond promptly to inquiries, offer helpful local recommendations, and address any issues quickly. Encourage guests to leave online reviews and maintain at least a 4.5 star rating.
10. Stay compliant and adapt to changes: Pay all applicable taxes on time, follow all local regulations, and keep good records. Stay informed about any changes to Brevard County's short-term rental policies and adjust your business as needed.

Some additional tips for success:

1. Focus on properties in high-demand areas near beaches, attractions, and event venues
2. Optimize your pricing based on seasonal demand and comparable rentals
3. Offer flexible cancellation policies and contactless check-in to attract more bookings
4. Reinvest a portion of your profits into property upgrades and amenities
5. Network with other local STR owners to share best practices and market insights

By following these steps and continuously improving your rental business, you can tap into Brevard County's booming tourism market and generate lucrative returns. Just be sure to stay compliant, provide excellent service, and adapt to any regulatory changes over time.

Who to Contact in Brevard County about Short-Term Rental Regulations and Zoning?

If you have questions about short-term rental regulations, zoning, permitting, or taxes in Brevard County, here are the key contacts and resources:

Brevard County Planning and Development Department: Call (321) 633-2187 to schedule an appointment or email Building.Licensing@BrevardFL.gov with questions about zoning, building permits, inspections, and code compliance for your rental property.

Brevard County Tax Collector's Office: For questions about registering your rental, obtaining a Business Tax Receipt, or remitting the Tourist Development Tax, call (321) 264-6969 (North County) or (321) 633-2199 (South County). You can also email TDT@BrevardTaxCollector.com.

Brevard County Communications Office: For general inquiries, call (321) 633-2000 or visit the county's Contact page at https://www.brevardfl.gov/Contact for a directory of departments and offices.

Brevard County Tourist Development Council: Visit their FAQ page at http://www.brevardfl.gov/TourismDevelopmentOffice/TourismFAQ for information on the Tourist Development Tax and how it's allocated.

In addition to official county resources, connecting with other short-term rental hosts can provide valuable insights and support. Some online communities to check out:

1. Brevard County Vacation Rentals Facebook group: https://www.facebook.com/groups/325011751522919/
2. Florida Vacation Rental Owners Facebook group: https://www.facebook.com/groups/FloridaVacationRentalOwners/
3. Space Coast Short-Term Rental Alliance: https://spacecoaststra.wildapricot.org/
4. Bigger Pockets Vacation Rental Investing forums: https://www.biggerpockets.com/forums/530-vacation-rental-investing
5. Airbnb Community Center for Florida hosts: https://community.withairbnb.com/t5/Florida/ct-p/fl

By engaging with these communities, you can learn from experienced hosts, stay up-to-date on regulatory changes, and get recommendations for local service providers.

Remember, it's ultimately the host's responsibility to ensure compliance with all applicable laws and regulations. Consulting with a local attorney or tax professional can help you navigate the specific requirements for your rental property.

With the right resources and due diligence, you can successfully operate a short-term rental business in Brevard County while contributing to the local tourism economy. The county's various departments and online communities are available to provide guidance and support along the way.

What Do Airbnb Hosts in Brevard County on Reddit and Bigger Pockets Think about Local Regulations?

Discussions on Reddit and Bigger Pockets reveal a range of opinions from Airbnb hosts in Brevard County about navigating local regulations. Here are some notable experiences and viewpoints:

On the r/321 subreddit, one host expressed frustration that short-term rentals are "sucking the life out of Brevard's rental market" by reducing affordable housing for service workers and long-term residents. They noted how places like Cape Canaveral are "overrun with Airbnbs" and shared examples of other cities cracking down with higher taxes and restrictions on non-owner occupied rentals.

Another Redditor shared their experience of losing an apartment in Cocoa Beach after the building was converted to short-term rentals charging "insane" prices. Commenters lamented the lack of local control over Airbnbs due to state laws and the impact on housing affordability.

In the Airbnb subreddit, a host with a rental in northeast Florida (likely Brevard County based on details) asked about their obligations to guests wanting to stay during a possible hurricane evacuation. Responders advised the host to cancel the booking given the liability risks, even if not legally required to do so yet. This highlights the complexity of balancing guest expectations with local emergency orders.

On Bigger Pockets, an investor asked about the viability of rental arbitrage (renting a property to then re-rent on Airbnb) in the Melbourne area. Responses pointed to the many Facebook groups and resources for STR operators in the Space Coast, suggesting a fairly active host community despite the regulations.

Another Bigger Pockets thread discussed the potential of Cocoa Beach for short-term rentals, noting its popularity with Orlando tourists and cruise passengers. However, commenters also acknowledged the tighter restrictions in some parts of Brevard like Cape Canaveral.

An investor on Bigger Pockets considered expanding their STR portfolio from St. Augustine to Brevard County and asked for feedback on the Cocoa Beach to Melbourne area. Respondents seemed open to the market but did not comment on regulatory issues.

Overall, these forums show Brevard County hosts grappling with the impacts of STRs on local communities and adapting to evolving regulations. Some are frustrated by the lack of affordable housing and the state's limits on local control. Others seem determined to operate profitably within the rules. The discussions also underscore the importance of carefully understanding local restrictions and being prepared to adjust to policy changes over time.

Disclaimer: While we here at BNBCalc strive to keep all of our regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.