Cocoa Beach Ordinance 1728: City Commission First Reading on Vacation Rental Occupancy Advertising, October 15

Summary

The Cocoa Beach City Commission will consider Ordinance 1728 on first reading on Thursday, October 15, 2026. The meeting starts at 6:00 p.m. at Cocoa Beach City Hall. The ordinance would amend Chapter 26.5 of the City Code, which regulates vacation rentals. It would make clear that listings, ads, messages, offers, and agreements that promise overnight stays for more people than a rental's maximum occupancy are not allowed. It would also keep the right of owners to truthfully describe and photograph bedrooms, beds, floor plans, and square footage. Staff recommends adoption on first reading.

When and Where

Ordinance 1728 is item K.8 under New Business on the Commission's regular meeting agenda. The meeting starts at 6:00 p.m. on Thursday, October 15, 2026. It will be held at Cocoa Beach City Hall, 2 S Orlando Avenue, Cocoa Beach, FL 32931.

Why the City Proposed It

The agenda item summary says the amendment was directed by the City Commission to clarify and strengthen the city's existing rules on maximum occupancy for vacation rentals. It says the city has found vacation rental advertising that may state or imply that a property can hold more overnight guests than Chapter 26.5 allows.

The ordinance says the Commission received information about ads that state how many people a property "sleeps" or "accommodates." It also mentions ads that invite renters with large groups to contact the owner, operator, or agent. The ordinance says this kind of advertising can encourage occupancy violations and make the occupancy limit harder to enforce.

How Maximum Occupancy Works Today

Section 26.5-53 of the City Code sets the maximum occupancy for a vacation rental. The limit is stated in the rental's registration. It is the lesser of these two numbers.

• Two occupants per bedroom, plus two more occupants.

• A total of eight occupants per vacation rental.

The limit does not apply when the property is owner occupied as the code defines that term. Some rentals outside the RS-1 zoning district were allowed to apply for grandfathered occupancy for ten years under the 2025 rewrite of the chapter.

What the Code Says About Ads Today

Section 26.5-58(a)(3) already makes it unlawful to rent or to advertise for rent a vacation rental for more than its maximum occupancy. It creates a rebuttable presumption of a violation if a rental is shown to have been advertised for more occupancy than its current registration allows. Screenshots of an ad reviewed by a code enforcement officer or presented to the special magistrate can be used to make that showing.

What Ordinance 1728 Would Change

Based on the draft ordinance in the city's agenda packet, the main changes are these.

• The rule would cover renting, advertising, marketing, offering, soliciting, or otherwise holding out a rental for too many overnight guests.

• It would apply to any public or private communication about a rental. The ordinance lists listings, ads, websites, social media posts, rental platform messages, email, text messages, phone calls, and other oral, written, or electronic communication.

• A statement that a rental "sleeps," "accommodates," "lodges," has "beds for," or has "sleeping capacity for" more people than its maximum occupancy would be a violation.

• An invitation to renters with a "large group" to contact the owner, operator, or agent would be a violation when the communication as a whole offers or proposes overnight occupancy above the limit.

• A new subsection (a)(8) would make it unlawful for an owner, agent, operator, or anyone acting for a rental to offer, agree, arrange, negotiate, or accept payment for more overnight guests than the limit. This applies whether the offer is public or private, and whether it is oral, written, or electronic.

• A new subsection (a)(9) would define "applicable maximum occupancy" as the limit under Section 26.5-53 and the rental's current registration. That includes any valid grandfathered occupancy or other exemption in the chapter.

The rebuttable presumption would remain. The evidence that could support it would include screenshots or copies of ads, listings, electronic messages, rental platform messages, rental agreements, or other competent evidence.

What Would Still Be Allowed

The ordinance says the Commission does not intend to prohibit truthful descriptions or photographs of a rental's physical features or furnishings. Owners could still list the number or type of bedrooms or beds, the floor plan, or the square footage. The limit is that the description or photo cannot come with a statement, offer, or arrangement that the rental may be occupied overnight by more people than its maximum occupancy.

New Findings of Fact

The ordinance would also add five new findings, numbered (14) through (18), to Section 26.5-2. One states that words like "sleeps" or "accommodates" are reasonably understood by renters as a statement about how many people may stay overnight.

The agenda title for the item refers only to Section 26.5-2. The ordinance text in the packet amends both Section 26.5-2 and Section 26.5-58.

Penalties Under the Current Chapter

Ordinance 1728 does not change the chapter's penalty sections. Under Section 26.5-58 today, each day or each instance of a violation counts as a separate violation. For repeat violations that the special magistrate finds have had a significant negative impact on neighbors, the special magistrate may impose fines of up to $5,000 per violation or per day. Section 26.5-59 also allows suspension of a rental's registration for repeat violations within a rolling two year period.

Florida Law Context

Section 509.032(7)(b), Florida Statutes, says a local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. That paragraph does not apply to local laws adopted on or before June 1, 2011. Section 26.5-1 of the City Code states that the chapter does not prohibit vacation rentals or regulate their duration or frequency. It says the chapter is meant to address life safety and compatibility concerns.

Who It May Affect

The ordinance applies to vacation rental owners, agents, operators, and anyone acting on behalf of a vacation rental in Cocoa Beach, and to the listings and messages they use.

What Happens Next

The agenda lists the ordinance for first reading, and staff recommends adoption on first reading. The ordinance states that it takes effect immediately upon adoption.

How to Take Part

The agenda states that speakers are limited to three minutes, and a group speaker may be given three more minutes. A speaker card is required for each item and must be turned in to the City Clerk before the item is introduced. Cards are available at the entrance of the Commission Room and in the City Clerk's office before the meeting.

Anyone who plans to appeal a Commission decision will need a verbatim record of the meeting, and the city does not provide one. Persons who need special accommodations to take part should contact the Office of the City Clerk at (321) 868-3286 at least 48 hours before the meeting.

Official Sources

City Commission Regular Meeting Agenda, October 15, 2026

City Commission Agenda Packet, October 15, 2026 (item K.8 agenda item summary and draft Ordinance 1728, packet pages 126 to 129)

Cocoa Beach Code of Ordinances, Chapter 26.5, Vacation Rentals

Section 509.032, Florida Statutes

This post is for general information only and is not legal advice.