Short answer: A Sebastian home rented more than three times a year for stays under 30 days is a vacation rental. The owner files a separate registration form for each unit with the Building Department at City Hall, 1225 Main Street, holds a state DBPR license, a City of Sebastian business tax receipt and an Indian River County tourist tax account, and passes a city life safety inspection. Occupancy is two guests per bedroom plus two, capped at ten.
Last verified: October 12, 2026, against the sources listed at the end of this page.
What counts as a vacation rental in Sebastian?
In Sebastian, a vacation rental is any home rented more than three times in a calendar year for stays under 30 days, or advertised as regularly rented for under 30 days, under Land Development Code Section 54-2-7.22.
The City of Sebastian borrowed its definition from Florida Statute 509.013, and the code cites that statute in the definition itself (Sebastian LDC 54-2-7.22). The section also defines a peer-to-peer or platform entity as any person, business or marketplace that gives owners, tenants and agents a way to offer vacation rentals, online or otherwise. The Sebastian rules date to Ordinance O-18-08, recorded on Municode with the date September 12, 2018.
The state uses the same threshold. Florida's Division of Hotels and Restaurants requires a license when an entire unit is rented more than three times in a calendar year for less than 30 days or one calendar month, whichever is less, or is held out as a place regularly rented to guests (Florida DBPR). A Sebastian house, townhouse or duplex unit falls under the Vacation Rental Dwelling license, and a unit in a condominium or cooperative falls under the Vacation Rental Condominium license. Renting only a room, not the whole unit, does not need a state license, though DBPR notes that city and county rules may still apply.
One kind of Sebastian dwelling is excluded entirely. The accessory dwelling unit rules adopted in 2025 prohibit leasing an ADU for transient short-term rentals as defined in Section 54-2-7.22(1)(a) (Sebastian LDC 54-2-7.23), so a unit permitted as an ADU cannot be operated as a vacation rental.
How does a Sebastian vacation rental get registered?
Each Sebastian vacation rental unit needs its own registration form, filed with the Building Department at City Hall, 1225 Main Street, along with the business tax application, and must pass a city life safety inspection before the business tax receipt issues.
The owner or the rental manager files a separate registration form for each unit. Registration is managed by the Community Development Department with other city, local and state agencies, and the form, supplemental to the local business tax application, goes to the Building Department (Sebastian LDC 54-2-7.22). A registration can transfer to a new owner who files updated information and assumes the obligations on a city form. The Sebastian Building Department lists the Vacation Rental Application Package among its services (City of Sebastian Building Department), and Community Development lists the same package on its applications page (City of Sebastian Applications and Forms).
| Item | Issued or kept by |
|---|---|
| Vacation rental license | Florida DBPR, Division of Hotels and Restaurants |
| Local business tax receipt | City of Sebastian, issued after the life safety inspection |
| Tourist tax account | Indian River County Clerk of the Circuit Court |
| Parking information: garage and carport spaces, bedrooms, maximum cars, driveway locations | Owner or manager |
| Smoke alarms, emergency lighting, fire extinguisher, and CO alarm if required | Owner, checked at the city inspection |
| Square footage under air and number of bedrooms | Owner or manager |
| Signed acknowledgments: parking, noise, fire safety, occupancy, fines, postings, association contact | Owner or manager |
The inspection is the step that gates the receipt. Prior to issuance of a business tax receipt, a city building inspector conducts a life safety inspection of the unit for compliance with Section 54-2-7.22. The applicant must also acknowledge contacting any property owners, homeowners or condo association and being aware of private restrictions that may affect a Sebastian vacation rental (Sebastian LDC 54-2-7.22).
The business tax receipt follows the city calendar. Sebastian sells and renews receipts beginning July 1, they are due by September 30 and expire September 30 of the next year, and a receipt not renewed is charged 10 percent for October plus 5 percent a month after that, up to 25 percent (City of Sebastian Business Tax Receipt page). A new receipt issued between April 1 and September 30 costs half the regular annual tax.
How many guests and cars are allowed at a Sebastian vacation rental?
A Sebastian vacation rental may sleep two persons per bedroom plus two, never more than ten, and park one car per bedroom plus one outside the garage, never more than five.
The occupancy cap applies whether the home is on public sewer or a septic system, and the limit is printed on the Sebastian local license (Sebastian LDC 54-2-7.22). Cars parked outside a garage or carport must sit on a permitted, improved or stabilized driveway, not in a required yard, and guests may not park in the road right-of-way except on that driveway; parked cars cannot block sidewalks. Boats and recreational vehicles follow the city's general rules in Section 54-2-7.13.
| Bedrooms | Overnight occupancy (2 per bedroom + 2, cap 10) | Cars outside garage (1 per bedroom + 1, cap 5) |
|---|---|---|
| 2 | 6 | 3 |
| 3 | 8 | 4 |
| 4 | 10 | 5 |
| 5 | 10 (cap) | 5 (cap) |
The table applies the code's two formulas; for a three-bedroom Sebastian house, 2 times 3 plus 2 gives eight guests and 3 plus 1 gives four cars. A bedroom, for these rules, is any room used principally for sleeping that meets building code requirements for a bedroom.
Quiet hours are written into the registration. The acknowledgment form and the posted notice both carry the Sebastian noise rule: no excessive noise that would cause annoyance to any reasonable person of normal sensitivity from 11:00 p.m. to 6:00 a.m. (Sebastian LDC 54-2-7.22).
What must a Sebastian operator post, advertise and update?
A registered Sebastian vacation rental must keep a set of notices posted inside the unit, print its business tax receipt number and limits in every advertisement, and report manager changes within ten days.
The posted notices go up before the city inspection and stay up: the property address, the manager's contact information, the maximum number of parked cars and boats and the approved parking spots, trash and recycling pick-up days and how to set out containers, the noise rule, the location of smoke alarms, emergency lighting and the fire extinguisher, emergency information, and the maximum sleeping occupancy (Sebastian LDC 54-2-7.22).
Listings carry the same limits. Any Sebastian vacation rental advertisement or rental offering must state the local business tax receipt number, the occupancy limit, the maximum number of vehicles allowed outside a garage or carport, and the noise statement. Changes in the rental manager or the manager's contact details must reach the Building Department within ten days of the change, and each year the operator submits a copy of a valid current state license when renewing the business tax receipt.
The fire safety items required for the state license must be in the unit, and a carbon monoxide alarm is added when Section R315 of the Florida Building Code, Residential, requires one (Sebastian LDC 54-2-7.22). Owners who ran rentals when the rules arrived were given until December 31, 2018 to obtain a Sebastian business tax receipt and comply in full.
The 2018 ordinance also set out how the city enforces the section. Operators who did not comply within the first three months were to receive a citation under Section 54-1-2.2 of the Sebastian code, and once cited had 30 days to come into compliance or face a fine set by the special magistrate (Sebastian LDC 54-2-7.22). Owners who believed the new rules impaired a written rental contract in effect on or before September 12, 2018 could submit it to the Sebastian community development director by December 31, 2018, with appeals following Land Development Code Section 54-1-2.5(d). The acknowledgment form every Sebastian operator signs still lists fines and citation penalties for violations among the city requirements.
Which taxes and state rules apply to Sebastian vacation rentals?
Sebastian vacation rentals collect Indian River County's 5 percent tourist development tax plus state sales tax, and state law limits how far the city can restrict rentals.
The tourist tax account is one of the registration items. The Indian River County Clerk states that anyone offering accommodations for short-term rental of six months or less must collect the tax, at 5 percent of total taxable rental receipts, and that owners also collect the 7 percent state sales tax; a renter with a bona fide written lease over six months is exempt (Indian River County Clerk).
Florida Statute 509.032 says a local law, ordinance or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental, and exempts local laws adopted on or before June 1, 2011 (Florida Statutes 509.032). Sebastian's 2018 section regulates registration, inspection, occupancy, parking, noise and advertising rather than banning rentals or setting minimum stays.
Questions about a specific Sebastian unit go to the Building Department at 1225 Main Street, phone 772-589-5537, open Monday through Friday 8 am to 4:30 pm and closed noon to 1 pm (City of Sebastian Building Department).
Last verified: October 11, 2026, on the City of Sebastian website.
Frequently asked questions
Does a Sebastian home rented by the month count as a vacation rental?
Not under the city definition, which covers rentals of less than 30 days more than three times a calendar year. Indian River County still charges its 5 percent tourist tax on any rental of six months or less unless the renter has a written lease over six months.
Who inspects a Sebastian vacation rental?
A City of Sebastian building inspector performs a life safety inspection before the business tax receipt is issued. The inspection checks the unit against Section 54-2-7.22, including smoke alarms, emergency lighting, the fire extinguisher, any required carbon monoxide alarm and the posted notices.
Can a Sebastian vacation rental sleep 12 people?
No. Overnight occupancy is two persons per bedroom plus two, with a cap of ten persons per unit whether the home uses public sewer or a septic system. The occupancy limit is stated on the local license and in every advertisement.
What must a Sebastian vacation rental listing show?
Every advertisement or rental offering must state the City of Sebastian business tax receipt number, the occupancy limit, the maximum number of cars allowed outside the garage or carport, and the 11:00 p.m. to 6:00 a.m. noise statement.
When does a Sebastian vacation rental business tax receipt expire?
City of Sebastian receipts expire September 30 each year and are renewed from July 1. A late renewal draws a 10 percent penalty for October and 5 percent for each later month, up to 25 percent, and the state license copy is due at renewal.
Sources
- City of Sebastian Land Development Code Sec. 54-2-7.22, Vacation rentals and registration forms (Municode) https://api.municode.com/CodesContent?jobId=482512&productId=10310&nodeId=CHIIDIGERE_ARTVIIGERE_S54-2-7.22VAREREFO Used for: definition, registration per unit, inspection before BTR, documentation, parking, occupancy, CO alarms, noise hours, postings, advertising, manager changes, annual license copy, Ord. O-18-08 of 9-12-2018
- City of Sebastian Land Development Code Sec. 54-2-7.23, Accessory dwelling units (Municode) https://api.municode.com/CodesContent?jobId=482512&productId=10310&nodeId=CHIIDIGERE_ARTVIIGERE_S54-2-7.23ACDWUN Used for: ADUs may not be leased as transient short-term rentals
- Building / Business Tax, City of Sebastian https://www.cityofsebastian.org/171/Building-Department Used for: Vacation Rental Application Package listed; MGO Connect BTR applications; address, phone, hours
- Applications & Forms, Community Development, City of Sebastian https://www.cityofsebastian.org/368/Applications-Forms Used for: Vacation Rental Application Package listed among Community Development applications
- Local Business Tax Receipt Information, City of Sebastian https://www.cityofsebastian.org/188/Local-Business-Tax-Receipt-Information Used for: BTR required for any business in city limits; July 1 sales, September 30 due and expiry, delinquency penalties, half fee April to September
- Tourist Development Tax, Indian River County Clerk of the Circuit Court and Comptroller https://www.indianriverclerk.com/tourist-development-tax/ Used for: 5% TDT on rentals of six months or less, 7% state sales tax, lease over six months exempt
- Florida Statutes 509.032 (Florida Legislature) http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0509/Sections/0509.032.html Used for: local laws may not prohibit vacation rentals or regulate duration or frequency, except those adopted on or before June 1, 2011
- Vacation Rental and Timeshare Projects licensing guide, Florida DBPR Division of Hotels and Restaurants https://www2.myfloridalicense.com/hotels-restaurants/licensing/vrtsp-guide/ Used for: license threshold, dwelling vs condominium classifications



