Florida ADU Laws: What State Law Does and Does Not Require (2026-2027 Updates)

An accessory dwelling unit, or ADU, is a secondary living unit with its own kitchen, bathroom, and sleeping area, located either inside the same structure as the main house or as a separate building on the same lot. The term junior ADU, or JADU, is used in some states for a small unit carved out of an existing house, but Florida’s ADU statute does not use that term. This page explains what Florida state law does and does not require for ADUs, using only the current statute and primary legislative sources.

What does Florida ADU law allow?

Florida has no statewide by-right ADU mandate. By right means a use is allowed without a special permit or discretionary approval. The controlling state law, Fla. Stat. 163.31771, is permissive rather than mandatory. Permissive means the statute grants local governments the option to act, but does not compel them. The operative sentence reads: “A local government may adopt an ordinance to allow accessory dwelling units in any area zoned for single-family residential use.” The verb is “may adopt,” not “shall” or “must.”

Because the statute only authorizes local governments to allow ADUs, whether you can build one, and under what rules, depends on the zoning code of your specific city or county. This is a local zoning governs story. There is no statewide ban on ADUs, but there is also no statewide right to build one.

The Florida Legislature ties the ADU statute to affordable housing. It states an important public purpose “to encourage the permitting of accessory dwelling units in single-family residential areas in order to increase the availability of affordable rentals for extremely-low-income, very-low-income, low-income, or moderate-income persons.” Under the statute, an ADU building-permit application “must include an affidavit from the applicant which attests that the unit will be rented at an affordable rate to an extremely-low-income, very-low-income, low-income, or moderate-income person or persons.” Each ADU allowed by an ordinance adopted under this section counts toward satisfying the affordable housing component of the local government’s comprehensive plan.

Rule	Florida state standard	Statute	Source
Statewide ADU mandate	None. Local governments “may adopt” an ordinance to allow ADUs in single-family zones	Fla. Stat. 163.31771	2025 Florida Statutes
ADU definition	A secondary living unit with a separate kitchen, bathroom, and sleeping area, within the same structure or on the same lot as the primary dwelling	Fla. Stat. 163.31771	2025 Florida Statutes
Where authorized	Areas zoned for single-family residential use, if the local government adopts an ordinance	Fla. Stat. 163.31771	2025 Florida Statutes
Affordability affidavit	Permit application must include an affidavit that the unit will be rented at an affordable rate to lower- or moderate-income persons	Fla. Stat. 163.31771	2025 Florida Statutes
Comprehensive plan credit	Each ADU allowed under a local ordinance counts toward the local affordable housing component	Fla. Stat. 163.31771	2025 Florida Statutes
Owner occupancy	No owner-occupancy requirement in the state statute	Fla. Stat. 163.31771	2025 Florida Statutes
Size, setbacks, parking	Not set by state statute; determined by local ordinance	(local code)	Local land development code

The state definition covers what people commonly call an in-law suite, mother-in-law suite, granny flat, casita, or backyard cottage, whether attached to the main house or detached on the same lot.

How big can an ADU be in Florida?

Florida’s state statute does not set a maximum ADU size. Fla. Stat. 163.31771 defines what an ADU is, but it leaves size, setbacks, parking, and lot minimums to local ordinance. That means the size limit for your project comes from your city or county code, not from state law. To confirm the maximum square footage where you live, check your local land development code and building department.

Does Florida require owner occupancy?

The Florida state statute contains no owner-occupancy requirement. Fla. Stat. 163.31771 does not require the property owner to live in the main home or the ADU. Owner-occupancy rules, where they exist, are imposed by local ordinance rather than by the state. For example, Miami-Dade County has reportedly adopted an owner-occupancy requirement in its local ADU ordinance. Because local rules vary, confirm owner-occupancy requirements against your own city or county code.

What can local governments still regulate?

Since the state statute only authorizes, and does not standardize, ADUs, local governments control the details. Under a local ADU ordinance a city or county sets the specifics: unit size limits, setbacks, parking, minimum lot size, owner-occupancy, and the permitting process. Because ADU rules are local in Florida, posture varies by jurisdiction. Some large jurisdictions have adopted ADU provisions:

• Miami-Dade County has adopted an ADU ordinance allowing an accessory dwelling unit in designated single-family zoning districts, with local requirements reported to include owner-occupancy and lot-size and unit-size limits. These local details should be verified against the exact county code.
• The City of Orlando permits ADUs in its residential districts under its Land Development Code, subject to local size and lot standards. These local details should be verified against the exact city code.

The posture of other jurisdictions, such as Tampa, Jacksonville, St. Petersburg, and Sarasota, varies, and each has its own zoning treatment. Do not assume a city allows ADUs without checking its code.

The Live Local Act does not govern backyard ADUs

The Live Local Act (2023 SB 102, signed as ch. 2023-17, effective July 1, 2023) is sometimes confused with ADU law, but it does not govern single-family backyard ADUs. The Live Local Act preempts, meaning it overrides, local zoning to allow multifamily and mixed-use affordable and workforce housing on land zoned commercial, industrial, or mixed-use, with an affordability set-aside. It is aimed at larger multifamily and commercial-to-residential projects. It does not address single-family-lot accessory dwelling units, and the 2024 amendments (2024 SB 328) added restrictions on projects located near single-family neighborhoods. The Live Local Act should not be cited as making ADUs by-right in single-family zones.

The mandate bills that failed: SB 184 (2025) and SB 48 (2026)

There has been a multi-year effort to make ADUs mandatory statewide, and it has failed twice. As of October 18, 2026, the permissive statute still controls.

• 2025 SB 184 (Sen. Gaetz) and its House companion HB 247, the “granny flats” bill, would have required local governments to allow ADUs in single-family zones. The Senate passed its version, but the bill died on the final day of the 2025 session and did not become law.
• 2026 SB 48 (Sen. Don Gaetz), filed September 15, 2025, would have required local governments to adopt, by a deadline, an ordinance allowing ADUs to be approved in single-family residential areas. The Senate passed it 38 to 0 on February 4, 2026. It then sat in House messages and died there on March 13, 2026, the end of the regular session. It did not become law.
• 2026 HB 1389 (ch. 2026-179, approved June 26, 2026) is listed on the Senate’s SB 48 page as a companion bill that passed, which can make it look like the ADU mandate went through. It did not. As enacted, HB 1389 changes the Live Local Act and orders a state study (by the Office of Program Policy Analysis and Government Accountability, due December 31, 2027) of tiny homes and mezzanine financing for affordable housing. It contains no ADU ordinance requirement, and the 2026 Florida Statutes still print section 163.31771 with “may adopt.”

If a future bill like SB 48 passes and is signed, the statutory posture would shift from permissive (“may adopt”) to mandatory (“must allow”). Until that happens, the current permissive statute controls.

Correcting a common error: HB 1031 did not make ADUs mandatory

Some contractor and blog pages state that a bill (often cited as “HB 1031,” effective July 2024) already requires Florida local governments to allow ADUs in single-family zones. That claim is not supported by the primary statute. The 2026 official text of Fla. Stat. 163.31771 still says “may adopt,” and its amendment history line ends at ch. 2020-27, meaning the section was created in 2004 and last amended in 2020. There is no 2024, 2025 or 2026 session-law amendment in force as of the 2026 compilation. The mandatory “requires local governments” language matches the failed 2025 and 2026 bills, not enacted law. Do not treat ADUs as mandatory in Florida.

How Florida compares to other states

Florida is a permissive state: the state authorizes local ADU ordinances but does not require them. This is different from mandate states, where state law compels local governments to allow ADUs by right. California is the clearest contrast: it has moved ADU law into a dedicated Government Code chapter and layers on state enforcement of local ordinances. See the California ADU law and permits pillar for how a mandate state operates.

Other states sit at various points along this spectrum. Compare Florida with Maryland ADU law and Massachusetts ADU law, both of which have moved toward statewide ADU allowances. If you are researching a small backyard unit specifically, see our tiny house in a backyard guide. For the full picture across states, start at the ADU laws library.

What changed in 2026?

No statewide Florida ADU mandate took effect in 2026. As of October 18, 2026, Fla. Stat. 163.31771 remains permissive and last amended in 2020 (ch. 2020-27). The 2026 mandate bill, SB 48, passed the Senate unanimously and then died in the House on March 13, 2026. The housing bill that did pass, HB 1389 (ch. 2026-179, effective July 1, 2026), does not touch ADUs.

What changes in 2027?

No statewide Florida ADU changes are scheduled as of October 18, 2026. Any change would need a new bill in the 2027 session, most likely a refiled version of SB 48. We recheck the Florida Legislature each session and the history line of Fla. Stat. 163.31771, and we will update this page if a mandate is signed into law.

Frequently Asked Questions

Are ADUs legal in Florida?

Yes, ADUs are legal in Florida where the local city or county zoning code permits them. There is no statewide ban, but there is also no statewide right. Fla. Stat. 163.31771 authorizes local governments to allow ADUs, so legality and rules depend on your local jurisdiction.

Does Florida have a statewide ADU law?

Florida has a statewide ADU statute, Fla. Stat. 163.31771, but it is permissive, not a mandate. It says a local government “may adopt an ordinance to allow” ADUs in single-family zones. It does not require any city or county to allow ADUs, so there is no statewide by-right ADU law.

Can I build a mother-in-law suite or granny flat in Florida?

Possibly, if your local zoning allows it. The state definition of an ADU covers a secondary unit with its own kitchen, bathroom, and sleeping area, attached or detached on the same lot. You must comply with your local ordinance, permitting, and building code, so check your city or county first.

Does Florida require an ADU to be rented at an affordable rate?

Under the state statute, the ADU framework is tied to affordable rentals. A permit application “must include an affidavit” attesting the unit will be rented at an affordable rate to lower- or moderate-income persons, and such units count toward the local comprehensive plan’s affordable housing component. How this is applied in practice varies by locality, so confirm with your city or county.

Is owner occupancy required for a Florida ADU?

Not by the state statute. Fla. Stat. 163.31771 has no owner-occupancy requirement. Individual localities can require it, however. Miami-Dade County, for example, reportedly requires the owner to live in the main home or the ADU. Check your local code.

Does the Live Local Act let me build a backyard ADU by right?

No. The Live Local Act (2023 SB 102) addresses multifamily and mixed-use affordable housing on commercial, industrial, and mixed-use land. It does not govern single-family-lot backyard ADUs, and 2024 amendments added limits near single-family neighborhoods. Your ADU rules come from local zoning, not the Live Local Act.

Is Florida about to require ADUs statewide?

Not yet. A “granny flats” bill (2025 SB 184 and HB 247) died at the end of the 2025 session. Its 2026 successor, SB 48, passed the Senate 38 to 0 and then died in the House on March 13, 2026. As of October 18, 2026, ADUs are still a local option in Florida, and a mandate would need a new bill in 2027.

Where do I find the actual rules for my Florida city or county?

Start with your local land development code or zoning ordinance and your building department. The state statute only authorizes local ADU ordinances. The specifics, including size, setbacks, parking, owner-occupancy, lot size, and permitting, are set locally.

Sources

1. Fla. Stat. 163.31771 (Accessory dwelling units), 2026 Florida Statutes, Florida Legislature (leg.state.fl.us): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.31771.html
2. Fla. Stat. 163.31771 (Accessory dwelling units), The Florida Senate: https://www.flsenate.gov/Laws/Statutes/2025/163.31771
3. Florida Senate, 2026 SB 48 bill page and history (died in House messages March 13, 2026): https://www.flsenate.gov/Session/Bill/2026/48
4. Florida Senate, 2025 SB 184 bill page: https://www.flsenate.gov/Session/Bill/2025/184
5. Florida Senate, 2025 HB 247 bill page: https://www.flsenate.gov/Session/Bill/2025/247
6. Florida Senate, 2026 HB 1389 bill page and history (ch. 2026-179): https://www.flsenate.gov/Session/Bill/2026/1389
7. Florida Senate, HB 1389 bill summary: https://www.flsenate.gov/Committees/BillSummaries/2026/html/1389

Disclaimer

This page is general information, not legal advice. ADU law in Florida is set largely at the local level and changes often. Confirm the current rules with your local planning department before you build.