State Guide

Florida ADU Laws 2026

No statewide mandate yet, but Miami, Tampa, and other cities are opening up. What you need to know.

Statewide Overview

Authorization, Not Mandate

Florida Statute 163.31771 (since 2020) authorizes local governments to allow ADUs in single-family zones for affordable rentals to low/moderate-income tenants. An affidavit is required. But it does not require cities to adopt ADU ordinances.

SB 48 Mandate Failed (2026)

SB 48 would have required all Florida cities to adopt ADU ordinances by December 1, 2026, eliminate owner-occupancy requirements, and streamline approvals. It passed the Senate in February 2026 but died in the House in March 2026.

Key State Laws

LawFocusStatus
F.S. 163.31771ADU authorization (local option)Active since 2020
SB 102 / Live Local Act (2023)Multifamily in commercial zonesActive (not ADU-specific)
SB 1730 (2025)Live Local Act updatesActive July 1, 2025
SB 48 (2026)Statewide ADU mandateFailed (died in House)

Miami-Dade County

Eligible Zones

AU, EU, RU, GU (unincorporated)

Min Lot Size

7,500 sq ft

ADU Size Range

400 - 800 sq ft

Max Size

50% of primary or 1,200 sq ft

Min Habitable

220 sq ft

Permit Costs

$1,500 - $3,000 + utilities

Total soft costs including utilities run $5K–$15K. A Certificate of Use must be renewed annually.

Tampa

Max Size

950 sq ft

Occupancy

Max 2 unrelated occupants

Eligible Areas

8 neighborhoods

Permit Costs

$2,000 - $4,500

Timeline

3 - 8 months

Wastewater Fee

$1,237/ERU

Eligible Tampa Neighborhoods

Seminole Heights
Tampa Heights
Ybor City
West Tampa
East Tampa
Sulphur Springs
North Tampa
Old West Tampa

Total costs including permits, wastewater, and plan review run $3K–$12K.

ADU Rental Potential

ADU rental income in Florida's major markets can range from $1,200–$2,500/month depending on location, size, and amenities. Under the current state law, ADU rentals must be affordable to low/moderate-income tenants (affidavit required), though local ordinances may have different provisions.

The Live Local Act (not ADU-specific) provides separate incentives for multifamily affordable housing in commercial zones, including 40% affordability at 120% AMI for 30 years.

What's Next for Florida ADUs

While SB 48 failed in 2026, the momentum is building. The bill's provisions — no owner-occupancy, no extra parking if driveway fits, administrative approval only — may return in future sessions. More cities are adopting ADU ordinances independently.

Check your specific city's planning department for current ADU rules. The landscape is evolving rapidly.

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