On August 13, 2025, the Indialantic Town Council heard from a speaker for a single-family property on South Miramar Avenue. The council minutes record the argument that "the property has been operating as an Airbnb for years with zero noise or police complaints." The property's owner had asked the town to rezone the lot to the Tourist district for short-term rental use. The council voted 1 to 3 against the request.
For a buyer, that meeting matters more than any rental projection. In Indialantic, years of guest bookings and five-star reviews do not establish a right to keep hosting. The zoning district does, and the town's code treats a short stay as commercial activity.
Indialantic defines a "vacation rental" broadly
Most buyers picture a vacation rental as a weekend Airbnb. Indialantic's zoning code draws the line much further out. Its definition reads:
"Vacation rental means an attached or detached residential structure or dwelling unit that is rented, leased or assigned for tenancies of less than 90 days or three calendar months, whichever time period is less, and for a monetary consideration, or which is advertised or held out to the public as a place periodically rented for a monetary consideration for periods of less than 90 days or three calendar months, whichever time period is less."
The same definition goes on to state that "the term 'vacation rental' means a commercial use," and that a vacation rental may be located in a condominium or a single-family home "but only as a specifically permitted use as is noted in a particular zoning district." Subleases under 90 days count as separate rental periods. A month-to-month holdover after a lease longer than 90 days does not count as a vacation rental.
This definition reaches past the summer weekend crowd. A two-month seasonal winter lease is under 90 days, so in town code it is a vacation rental. That is the kind of income plan a buyer might pencil in for a beachside condo.
The map decides, district by district
Because the code permits vacation rentals only where a district specifically lists them, the parcel's zoning is the question to answer first. Here is what the town's own documents show. Ordinance 2024-03 was adopted on second reading on March 13, 2024, by a 5 to 0 vote.
| Zoning district | Vacation rental status | Where it's documented |
|---|---|---|
| T Tourist | Listed as a permitted use | Ordinance 2024-03, Sec. 113-337 |
| R-3 | Listed as a prohibited use | Ordinance 2024-03 |
| R-P Residential-Professional | Listed as a prohibited use | Ordinance 2024-03 |
| Any other district | Allowed only if that district specifically permits it | Town code definition of "vacation rental" |
In the Tourist district, Section 113-337's parking rules set two off-street spaces per unit for condominiums and vacation rentals.
The 2025 rezoning votes showed how high the bar is
The South Miramar property was one of three single-family parcels whose owners asked to move from R-1-A to T in 2025. The other two were on Tampa Avenue. The town's hearing notice stated the purpose plainly. The owners wanted the rezoning "to allow for the short-term rental of the residential units." Both applications also asked to change the Future Land Use Map designation from Residential Low (0 to 4 units per acre) to Residential High.
The applicants sought a zoning map change and a comprehensive plan amendment rather than a permit, which suggests they saw rezoning as the route to short-term renting on those R-1-A lots.
The vote went this way:
- On July 9, 2025, council continued all four related ordinances to August 13.
- On August 13, Ordinance 2025-05 failed 1 to 3. Neighbors from South Shannon Avenue, South Miramar Avenue, Melbourne Avenue and Tampa Avenue spoke against the rezoning.
- Ordinance 2025-07 failed by the same 1 to 3 margin.
- The minutes record "no action" on Ordinances 2025-06 and 2025-08, the two zoning map changes for the Tampa Avenue and South Miramar parcels.
Before the vote, the town attorney explained that a two to two tie would also mean the ordinance does not pass, "and no second reading."
The pushback continued into 2026. In January, Florida Today published a column by John A. Torres headlined "Neighbors unite to fight variance that could change beachside life," about Indialantic neighbors opposing a variance request tied to vacation rentals.
How the code defines evidence of renting
Section 113-248 makes it unlawful to "rent, lease, advertise or hold out for rent any structure or unit for vacation rental use in any district where a vacation rental use is prohibited." Advertising alone counts. The section then lists what the town treats as prima facie evidence of vacation rental use:
- Registration or licensing with the state for short-term or transient rental use
- Advertising or holding out the unit for vacation rental use
- Reservations, bookings or more than one paid agreement covering or overlapping any period of 84 days or less
- Using an agent or other third party to take reservations
- On a non-homestead property, different occupants observed on at least two separate occasions within any 90-day period
- On a non-homestead property, different vehicles with different license plates observed on at least two separate occasions in any 90-day period
Enforcement isn't limited to Town Hall. The section lets the town, or any resident or property owner within 300 feet of the unit, seek an injunction in court, and a court may, at its discretion, award attorney's fees and costs to a substantially prevailing party. For a buyer, that means the neighbors on the street can also enforce the rule.
Where vacation rentals are allowed, the same section sets operating standards. These include two off-street parking spaces for a single-family home used as a rental, no vehicles on the street or in yards, and no amplified sound audible at the property line after 10 p.m. or before 8 a.m. on weekdays and 9 a.m. on weekends. Trash must be kept in covered containers, and the manager's contact information must be posted inside the unit.
Where Florida's preemption law comes in
Many buyers have heard that Florida law stops cities from banning short-term rentals. The statute is more specific than that. Florida Statute 509.032(7)(b) says a local law "may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals," and then exempts local laws adopted on or before June 1, 2011. Indialantic's vacation rental section traces its history to Ordinance 08-01, dated November 20, 2007. How the exemption applies to any particular part of the town's code is a legal question for an attorney.
The 2024 bill that would have rewritten state vacation rental rules, CS/SB 280, was vetoed on June 27, 2024, so its proposed changes never took effect.
Where the town's rules allow it, the tax filing now goes to the Clerk
In districts where short-term renting is permitted, Brevard County's Tourist Development Tax is 5% on accommodations rented for six months (181 days) or less, including vacation rentals. Operators collect that tax plus state sales tax and file monthly by the 20th of the following month. Since October 1, 2025, the Brevard County Clerk of Court has handled those filings instead of the Tax Collector. Older guides that point to the Tax Collector are out of date.
The county's tax window runs to 181 days, while the town's zoning definition stops at 90 days. A four-month winter lease runs past the town definition's 90-day tenancy line, but the county still counts it as a short-term accommodation for tax purposes.
What to settle before an offer
If short-term or seasonal income is part of how you plan to pay for an Indialantic property, sort these out before you write the offer:
- The parcel's zoning district. Confirm it with the Town of Indialantic for the specific address. Don't rely on the listing description or the property's booking history.
- Whether that district specifically permits vacation rentals. The town's online code is codified through Ordinance 2026-07, adopted March 11, 2026, and the code site warns that it may not reflect the latest legislation.
- The association's own lease rules, if it's a condo. Zoning is only one layer, and our guide to HOAs when buying a condo in Indialantic covers how to read the documents.
- Whether your financing assumes rental income. A lender's numbers and the town's zoning map need to agree.
Sellers face the same question in reverse. Marketing a home's "proven rental income" invites buyers to price in something the zoning may not support. Describing the district accurately protects the sale. Short-term rental rules also join a growing list of property-specific Indialantic questions. Our posts on septic deadlines and condo pricing after the reserve law cover two others.
Quick answers
Does a three-month seasonal lease count as a vacation rental in Indialantic? The town's definition covers tenancies under 90 days or three calendar months, whichever is less. It also covers a property advertised or held out for periodic rentals shorter than that, so the lease term alone doesn't settle it. A month-to-month holdover after a lease longer than 90 days is also excluded.
Can the town see a listing on a booking site? Advertising a unit for vacation rental use is itself listed as prima facie evidence under Section 113-248.
Did any single-family lots get rezoned to Tourist in 2025? The three R-1-A parcels that applied did not. Two related ordinances failed 1 to 3 on August 13, 2025, and the minutes record no action on the two rezoning ordinances.
This post is general information, not legal, tax or financial advice. Confirm how these rules apply to a specific property with a Florida real estate attorney, a tax professional or the Town of Indialantic before you rely on rental income.
Weighing an Indialantic home or condo where rental income is part of the math? Pam Reynolds Homes can pull the parcel's zoning district before you make an offer, so your numbers match what the town allows. Start with a free market estimate or reach out with the address you're considering.
