Are ADUs Legal in Florida? (2026 Update)

THE FRAMEWORK

Florida Statute 163.31771 — the foundation.

Florida's enabling ADU statute is §163.31771, signed into the Florida Statutes as part of the Live Local Act framework. It does three important things:

Authorizes any city or county to adopt an ADU ordinance permitting accessory units on single-family lots.
Allows local governments to count rental ADUs toward affordable-housing obligations, with rent caps tied to area median income (AMI).
Removes most legal barriers to permit issuance once a local ADU ordinance is in place.

As of mid-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 key implication: if you live inside a major Florida city limit, ADUs are likely already legal on your lot. If you're in an unincorporated area or a smaller municipality, your city may or may not have an ordinance — and that's where HB 313 changes everything.

HB 313 — THE BIG SHIFT

The by-right mandate (December 2026).

House Bill 313 is the bill that could change everything. Its core mechanic is simple: it would require every Florida county and municipality to permit ADUs by-right on single-family lots, removing local discretion to block them.

If HB 313 passes as written

By-right approval — cities cannot refuse a permit for an ADU that meets baseline building code and lot requirements.
60-day permit timeline — local governments must approve compliant applications within 60 days or the application is deemed approved.
Caps on local restrictions — cities cannot impose minimum lot sizes above 5,000 sq ft, owner-occupancy requirements, or off-street parking minimums on ADUs.
Effective December 1, 2026 if signed into law during the 2026 session.

Bill status (as of May 2026)

HB 313 has cleared committee in the Florida House. The Senate companion is in markup. The Governor's office has not publicly committed for or against. Florida League of Cities is opposing; Florida Realtors is supporting. The 2026 legislative session is the deciding window.

Track live status at flsenate.gov.

CITY BY CITY

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 Tooly is 264 sq ft — comfortably inside every Florida city's maximum size limit.

THE COMMON RULES

What most Florida cities require.

Lot and structure rules

Minimum lot size: typically 5,000–7,500 sq ft (HB 313 would cap this at 5,000).
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 — Tooly is engineered to FBC including high-velocity hurricane zone (HVHZ) requirements for South Florida.
Impact fees: typically $1,500–$5,000 depending on jurisdiction.

FAQ

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. HB 313 includes language limiting HOA discretion, but the final bill text on that is still moving. 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).

Does Tooly meet Florida hurricane code?

Yes. Tooly is engineered to the Florida Building Code with a Category 5 wind rating. The hurricane-rated steel structure with on-site poured concrete exceeds FBC requirements in all Florida wind zones, including Miami-Dade's high-velocity hurricane zone.

What happens if HB 313 doesn't pass this session?

ADUs remain permitted in every city with an existing ordinance — which is most of urban Florida. The bill will almost certainly be reintroduced in 2027 with similar language. The legal direction is clear; the timing is the only question.

Are ADUs legal in Florida?

Florida Statute 163.31771 — the foundation.

The by-right mandate (December 2026).

If HB 313 passes as written

Bill status (as of May 2026)

Where ADUs are currently legal.

What most Florida cities require.

Lot and structure rules

Use and tenancy

Permitting and review

Common ADU legal questions.

Don't wait for the law to catch up.

Florida Statute 163.31771 — the foundation.

The by-right mandate (December 2026).

If HB 313 passes as written

Bill status (as of May 2026)

Where ADUs are currently legal.

What most Florida cities require.

Lot and structure rules

Use and tenancy

Permitting and review

Common ADU legal questions.

Don't wait for the law to catch up.

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