Thinking about turning a Merritt Island property into a short‑term rental, but not sure where to start? You are not alone. The path can feel confusing because it runs through both county land‑use rules and state licensing and taxes. In this guide, you will learn how short‑term rentals work in unincorporated Merritt Island, what approvals you may need, and how to vet a property before you buy. Let’s dive in.
What “short‑term” means in Florida
In Florida, stays that are less than 30 consecutive days are commonly treated as transient for licensing and tax purposes. When you rent this way, your property may be considered a public lodging establishment and could require state licensing. That triggers health and safety standards and ongoing compliance.
The exact thresholds and definitions live in state law and agency guidance. Before you open your calendar to guests, confirm how your rental pattern fits those rules and what license type applies.
Who regulates what
Short‑term rentals in unincorporated Merritt Island sit at the intersection of several authorities:
- State of Florida. The Florida Department of Business and Professional Regulation (DBPR) licenses public lodging and sets health and safety standards under Chapter 509 of the Florida Statutes.
- Brevard County. The county controls land use and zoning. Your zoning district dictates whether transient lodging is allowed, needs a special approval, or is prohibited.
- Private communities. HOAs and deed restrictions can ban or limit short‑term renting even if the county and state would otherwise allow it.
You need to clear all three. County permission does not replace state licensing, and state licensing does not override an HOA restriction.
Zoning in unincorporated Merritt Island
Your first step is to verify the parcel is in unincorporated Merritt Island. Then review the property’s zoning and the Land Development Code. Brevard County’s zoning determines if a short‑term rental use is permitted outright, allowed by special approval, or not allowed in that district.
Some counties use categories like resort dwelling for transient use in certain districts. If a similar pathway exists in Brevard County, it usually comes with standards for parking, occupancy, and site operations. The exact terms live in the county code, so plan to read the use tables and definitions or confirm in writing with Planning and Development.
Quick parcel screening steps
- Confirm location in unincorporated Merritt Island with county parcel tools.
- Pull any HOA documents and deed restrictions for rental limits.
- Identify the zoning district and future land use designation.
- Note whether transient lodging or a similar use is permitted, requires a special approval, or is prohibited.
County approval pathways
Depending on zoning and use category, you may face one of several routes:
- Administrative registration. Some places require a simple county registration with basic conditions. Check if Brevard has a program like this.
- Conditional use or special exception. This is a formal process with an application, fees, public notice, and a hearing before a review body. Timelines vary.
- Rezoning or PUD amendment. If your district does not contemplate transient lodging, a broader change may be required. This is more complex and time consuming.
- Building permits or change of use. If your plan triggers code upgrades for life safety or you are altering the structure, permits will be part of the path.
A pre‑application meeting with Planning and Development can clarify the right track, expected standards, and timelines before you invest.
Common operational standards
Counties often tie transient lodging to practical conditions that protect neighbors and guests. Expect to address:
- Minimum parking counts per bedroom or per guest
- Maximum occupancy by bedroom count and living areas
- Trash storage and collection plans
- Noise and quiet hours, plus nuisance rules
- Signage and advertising displays
- Safety devices like smoke alarms, carbon monoxide detectors, and fire extinguishers
- Proof of adequate sewer or septic capacity
Confirm the exact standards that apply to your zoning district and application type.
State licensing and safety
If you rent to transient guests, DBPR licensing may apply. Licensing brings health and safety requirements that can include working smoke detectors, carbon monoxide detectors where needed, safe egress, and fire extinguishers. If you plan to offer food service, separate rules apply for public food service establishments.
Insurance is another key piece. Many standard homeowner policies exclude business activity. A dedicated short‑term rental policy that covers commercial liability and property risks is commonly needed. Confirm with your insurer and check whether the county or DBPR requires proof of insurance during licensing.
Remember that listing platforms do not handle your regulatory obligations for you. You remain responsible for permits, licensing, safety standards, and taxes.
Taxes and business registrations
Short‑term rental income in Florida is typically subject to state sales tax, with a 6 percent state base rate, plus any local discretionary surtax. Many counties also levy a tourist development tax, often called a bed tax, on transient rentals. Brevard County sets its own local rate and rules.
Plan to register with the Florida Department of Revenue to collect and remit taxes. You will file returns on the state’s schedule and keep detailed records. Some platforms may collect certain taxes in some jurisdictions, but you are still responsible for confirming what is collected and for filing correctly. You may also need a Brevard County business tax receipt to operate.
Failure to register, collect, or remit can lead to interest, penalties, audits, and liability for back taxes. Build this into your setup checklist from day one.
Timelines and cost factors
Time and cost vary by property and approval path:
- Licensing and administrative registrations can take weeks to months depending on inspections and completeness.
- Conditional use or special exceptions often take months to run through public notice, hearings, and any appeals.
- Building work ranges from minor safety upgrades that finish in weeks, to larger projects that take months.
Costs include application and permit fees, potential building upgrades, insurance premiums, and the ongoing time or management fees to handle tax filings, bookings, and guest support. Ask agencies for current fee schedules since they change.
A pre‑purchase decision tree
Use this stepwise checklist before you write an offer on a potential short‑term rental.
Step A — Preliminary screening
- Verify the property is in unincorporated Merritt Island using county parcel tools.
- Read HOA covenants and deed restrictions for any rental limits or bans.
- Identify the zoning district and future land use. Flag whether transient lodging is permitted, conditional, or prohibited.
Step B — Confirm the county path
- Search the Brevard County Land Development Code for terms like short‑term rental, resort dwelling, transient lodging, and vacation rental.
- If the code is unclear, request a written zoning determination on your intended use. This protects you from assumptions.
- If a conditional use or special exception is required, schedule a pre‑application meeting to learn timelines, fees, and notice rules.
Step C — Check state licensing and safety
- Review DBPR guidance to confirm whether your rental pattern triggers a public lodging license.
- Identify any building or fire upgrades required for compliance, then price and schedule them.
Step D — Register for taxes and business use
- Register with the Florida Department of Revenue to collect state sales tax and any local surtaxes.
- Confirm Brevard County tourist development tax obligations and filing cadence.
- Obtain a Brevard County business tax receipt if required.
Step E — Test operational feasibility
- Count on‑site parking to meet likely minimums.
- Verify sewer or septic capacity for your intended occupancy.
- Confirm availability and cost of short‑term rental insurance.
- Plan for neighbor communication, quiet hours, and trash collection.
Step F — Final risk review
- Estimate total time and cost to secure approvals. Include potential hearing outcomes and neighborhood input.
- Estimate annual tax, insurance, and management costs. Model different occupancy scenarios.
- Decide on a backup plan if approvals do not come through, such as long‑term rental or resale.
Common mistakes and enforcement risks
The most common missteps are skipping the zoning check, assuming a platform handles taxes, and ignoring HOA rules. Code enforcement complaints often start with noise, parking, or trash issues. Remedies can include fines, administrative orders, suspension of approvals, and injunctions. Build compliance and neighbor relations into your operating playbook.
Work with a Space Coast guide
If you want a property that works for your lifestyle and your numbers, start with clarity. Our team helps you identify the right Merritt Island opportunities, coordinate due diligence with county and state offices, and plan any design or safety updates that support guest appeal and compliance. With boutique, project‑managed service across Brevard County, you move from idea to action with fewer surprises.
Ready to evaluate a specific address or design a purchase plan that fits your goals? Connect with LGN Group for a focused strategy session.
FAQs
Do I need a state license for an Airbnb in unincorporated Merritt Island?
- If your rental is transient, typically under 30 consecutive days, you may need a DBPR public lodging license. Confirm license type and thresholds with DBPR before hosting.
Will Brevard County zoning allow my short‑term rental?
- It depends on your zoning district and the Land Development Code. Some districts allow transient lodging, some require a conditional use, and others prohibit it. Get a written zoning determination.
What taxes apply to short‑term rentals in Merritt Island?
- Expect Florida state sales tax at a 6 percent base, any local surtax, and Brevard County tourist development tax if applicable. Register with the Florida Department of Revenue and file as required.
Can my HOA block short‑term renting even if the county allows it?
- Yes. Private covenants and HOA rules can restrict or prohibit short‑term rentals regardless of county or state permissions. Always review governing documents.
What happens if I operate without approvals or tax registration?
- You risk code enforcement actions, fines, stop‑use orders, tax assessments, penalties, and potential license denial or revocation. Compliance protects your investment and reputation.
