Bradenton Beach Officials Favor Two-Plus-Two Occupancy Rule for Vacation Rentals
Bradenton Beach city leaders are leaning toward adopting a new occupancy formula for short-term vacation rentals that would base the maximum number of guests on the number of bedrooms rather than imposing a single citywide cap.
During a July 21 work meeting, Mayor John Chappie and the City Commission expressed preliminary support for a two-plus-two occupancy standard that would allow two occupants per bedroom plus two additional guests. Under that formula, a two-bedroom rental could accommodate six guests, a four-bedroom home could host 10, and a six-bedroom property could allow up to 14 occupants.
No formal action was taken during the workshop. The commission is expected to continue discussing the proposal during its regular meeting on Aug. 6 at 6 p.m.
The discussion centered on clarifying the city’s decade-old Transient Public Lodging Establishment (TPLE) ordinance, which City Attorney Erica Augello said contains confusing language regarding occupancy limits.
Current regulations reference occupancy limits tied to certificates of occupancy or Department of Business and Professional Regulation licenses, but Augello said neither establishes bedroom-based occupancy standards. Florida building codes address evacuation and fire safety, not how many people may stay overnight in a residence.
Augello recommended rewriting the ordinance to clearly define occupancy as two people per bedroom plus two additional guests or adopting a fixed maximum occupancy for all vacation rentals. She asked commissioners to provide direction so occupancy limits could be included on TPLE licenses.
Commissioners overwhelmingly favored the two-plus-two approach over a universal occupancy cap.
Commissioner Robert Talham suggested setting a maximum of 12 occupants for all vacation rentals, saying the city needs regulatory tools to address neighborhood concerns.
Other commissioners argued a fixed cap could unfairly limit larger homes designed to accommodate more guests.
Commissioner Scott Bear said a flat limit could reduce the rental potential of larger properties and invite legal challenges from owners who believe their property rights are being restricted.
Augello responded that Florida law allows municipalities to regulate vacation rental licenses, noting that similar occupancy regulations have been upheld in court because they are considered reasonable and based on legitimate public interests.
Mayor Chappie, Commissioner Debbie Scaccianoce and Bear all voiced support for the two-plus-two formula, with Augello concluding that the commission’s direction was clear.
Police Chief John Cosby asked how occupancy restrictions would be enforced. Augello said compliance would primarily be monitored through vacation rental advertising, which would be required to list only the maximum occupancy authorized by the city’s TPLE license.
Commissioners also reviewed ongoing concerns related to vacation rentals, including excessive noise, overflowing trash containers and parking issues.
Chappie reminded property owners that trash service must be arranged through Waste Pro’s side-yard pickup program and noted that garbage containers should not remain along the curb.
Augello said property owners and management companies are responsible for violations that occur at their rentals.
Under the city’s existing enforcement process, three code violations within one year can result in a three-month license suspension. Six violations can lead to an additional six-month suspension, while nine violations may result in a one-year suspension. Repeated violations during a suspension could lead to the revocation of the rental license. Those penalties are determined by the city’s special magistrate.
Bradenton Beach’s proposal differs from neighboring island communities. Holmes Beach allows either six occupants or two people per bedroom, whichever is greater, while the City of Anna Maria uses a two-per-bedroom-plus-two formula but caps occupancy at eight guests for rentals with three or more bedrooms.