Accessory Dwelling Units (ADUs) in Florida: What State Law Actually Says

Florida has no statewide right to build an ADU. Whether you can build one, and on what terms, depends on your city or county's own ordinance.

What state law allows

Florida Statute 163.31771 lets a county or city adopt an ordinance allowing ADUs in any area zoned for single-family residential use. The law defines an ADU as a secondary living unit with its own kitchen, bathroom, and sleeping area, either inside the main home or on the same lot. It permits local ADU ordinances; it does not require them. Verified (FS 163.31771, checked October 10, 2026)

The 2026 mandate did not pass

Senate Bill 48 (2026) would have required every Florida city and county to adopt an ordinance allowing ADUs by December 1, 2026. It passed the Senate 38-0 but died in House messages on March 13, 2026. An ADU requirement was also removed from the 2026 Live Local housing bill before it passed. Some websites still describe the December 1, 2026 deadline as law; it is not. Verified (SB 48 bill history; Florida Realtors 2026 report, checked October 10, 2026)

Homestead and ADUs

Unverified One policy group reports that a 2026 tax law bars denying a homestead exemption solely because a property has an ADU.

We have not yet confirmed this item against the statute text. Do not rely on it. Contact your county property appraiser before making decisions based on homestead status.

What to check locally

Each city page covers its ADU rules as they are verified: whether ADUs are allowed, which zoning districts, size limits, owner-occupancy rules, parking, and whether the ADU can be rented. Until a city page shows a verified ADU section, confirm directly with its zoning department.