Florida ADU law · Updated November 2026
Are ADUs legal in Florida?
Short answer: yes, in most of Florida, with rules that vary by city and county. A 2026 bill to make ADUs by-right statewide (HB 313 / SB 48) did not pass, so your city's or county's ordinance still decides.
Florida Statute 163.31771 — the foundation.
Florida's enabling ADU statute is §163.31771, first enacted in 2004 (ch. 2004-372) and last amended in 2020 (ch. 2020-27). It is separate from the 2023 Live Local Act. It does three things:
- Authorizes any city or county to adopt an ADU ordinance permitting accessory units on single-family lots.
- Counts each ADU allowed under such an ordinance toward the affordable-housing part of the local comprehensive plan.
- Requires the building-permit application for an ADU to include an affidavit that the unit will be rented at an affordable rate (rent plus utilities no more than 30% of the income limit) to a tenant earning up to moderate income. Cities apply this differently, so ask yours whether its ADU ordinance requires the affidavit.
As of 2026, most major Florida cities — Miami, Orlando, Tampa, Jacksonville, St. Petersburg, and many smaller municipalities — have ordinances on the books. The unevenness is at the city/county line: some unincorporated areas and smaller towns have not yet opted in.
The by-right bill that didn't pass.
HB 313 and its Senate companion SB 48 would have required every county and city to allow ADUs by right by December 1, 2026. SB 48 passed the Senate 38–0, but both bills died when the session ended on March 13, 2026. The housing bill that did pass (HB 1389, ch. 2026-179) does not change §163.31771, so ADU rules stay local.
Source: the bill histories for HB 313 and SB 48 on flsenate.gov.
Where ADUs are currently legal.
| City / County | Status | Max ADU size | Owner-occupancy? |
|---|---|---|---|
| Miami | Permitted (Miami 21) | 800 sq ft | Yes |
| Tampa | Permitted | 800 sq ft | No |
| Orlando | Permitted (2023 ordinance) | 800 sq ft | Yes |
| Jacksonville | Permitted in many zones | 750 sq ft | Yes |
| St. Petersburg | Permitted (2023 update) | 800 sq ft | No |
| Palm Beach County | Permitted (Workforce Housing) | 900 sq ft | Varies |
| Hillsborough County (unincorporated) | Permitted | 750 sq ft | Yes |
| Sarasota | Permitted | 800 sq ft | Yes |
A Sidesuite is 407 sq ft (11′ × 37′), inside every maximum size in this table. For cities that cap backyard homes under 400 sq ft, it's also built as a 352 sq ft (11′ × 32′) model.
What most Florida cities require.
Lot and structure rules
- Minimum lot size: typically 5,000–7,500 sq ft.
- Setbacks: typically 5–10 ft from side and rear property lines.
- Max height: usually 20–25 ft, single story typically required.
- One ADU per single-family lot.
Use and tenancy
- Owner-occupancy: some cities require the owner to live in either the main house or the ADU. Several cities (Tampa, St. Pete) have dropped this rule.
- Long-term rentals: permitted in nearly every Florida ADU ordinance.
- Short-term rentals (Airbnb): rules vary heavily. Some cities prohibit, some require licensing, some allow with conditions.
Permitting and review
- Building permit required — wind load, structural, plumbing, electrical inspections.
- Florida Building Code compliance — including the high-velocity hurricane zone (HVHZ) requirements in Miami-Dade and Broward.
- Permit and impact fees: typically $1,500–$6,500 depending on jurisdiction.
Common ADU legal questions.
Will my HOA block an ADU even if my city allows it?
Possibly. Florida HOAs can restrict ADUs through covenant language even where the city permits them. Check your HOA's deed restrictions before applying for a permit.
Can I subdivide and sell the ADU separately?
No, not currently. An ADU shares the underlying parcel with the primary residence. Florida law does not permit independent sale of an ADU as a separate unit (no condominium-style fee-simple conveyance for ADUs).
Can I check whether my own lot qualifies?
Yes, for every address in Miami-Dade and Broward counties today. Check My Lot is free and instant: we check zoning, the lot and the city's rules, and rate both Sidesuite models Highly likely, Likely or Unlikely.
Did the 2026 by-right ADU bill pass?
No. HB 313 and SB 48 died on March 13, 2026. ADUs remain allowed in every city or county with an ordinance, which covers most of urban Florida. Similar bills may come back in a future session.
Find out what your lot allows today.
If your city already permits ADUs, you can build now. Check My Lot is free and instant for every address in Miami-Dade and Broward.