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
| Law | Focus | Status |
|---|---|---|
| F.S. 163.31771 | ADU authorization (local option) | Active since 2020 |
| SB 102 / Live Local Act (2023) | Multifamily in commercial zones | Active (not ADU-specific) |
| SB 1730 (2025) | Live Local Act updates | Active July 1, 2025 |
| SB 48 (2026) | Statewide ADU mandate | Failed (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
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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