ADU laws in Florida

In plain words

Florida has a state law about accessory dwelling units, but it only gives permission. It does not force cities or counties to allow them. An accessory dwelling unit, or ADU, is a second, smaller home on the same lot as a house. It has its own kitchen, bathroom, and sleeping area. It can be inside the house, attached, or in a separate building. The law lets any city or county allow ADUs in single-family zones. Zoning is the local rulebook that says what can be built where. The law also says your permit application must include a signed promise to rent the unit at an affordable rate. Towns apply that promise unevenly, so ask your permit office. Because nothing is required, rules differ a lot by place. Orlando and St. Petersburg allow ADUs in many neighborhoods. Some counties do not address them at all. Lawmakers came close to changing this. In 2025, both chambers passed a bill requiring towns to allow ADUs, but they never agreed on the final wording, so it died. In 2026, the Senate passed a bill requiring towns to allow ADUs by right. By right means approval without a public hearing if you meet the written rules. That bill died in the House. Renting an ADU can raise your property taxes. Homestead is Florida's property tax break for your main home, and a rented part may lose it. Homeowners association rules can also forbid ADUs. You may be able to build one if local rules and your property allow it.

The rules at a glance

What to do next

1. Look up your zoning district on your city or county zoning map and confirm the local code allows ADUs there.
2. Ask the local building or planning office whether it requires the state's affordable-rent affidavit with an ADU permit.
3. Check HOA covenants and deed restrictions, which can forbid an ADU even when local zoning allows one.
4. Call your county property appraiser before renting, to learn how an ADU affects your homestead exemption and tax bill.
5. Look for local help, such as Orlando's ADU rebate and fee waivers or St. Petersburg's South Side grants.
6. If you are considering a factory-built ADU, ask how the town will apply the new state parity rule for modular and manufactured homes that takes effect January 1, 2027.

What your town still decides

Florida's ADU statute only grants permission, so each county and city decides whether to allow ADUs, where, how big, whether the owner must live on site, and what parking is needed. A 2026 Florida Senate staff analysis, citing the Florida Housing Coalition, said 16 of the state's 67 counties did not address ADUs in their land development codes, while 11 of the 15 most populous cities explicitly allowed them in single-family districts. The statute's affordable-rent affidavit is applied unevenly in practice; Orlando, for example, allows ordinary long-term rental of ADUs and attaches an income limit only to its incentive program. Renting an ADU can affect property taxes: under Florida's homestead rules, the part of a property used commercially (and property rented for more than 6 months is presumed commercial) is taxed separately. Homeowners association covenants can still forbid ADUs. Related law for factory-built ADUs: HB 399 (2026), chapter 2026-7, creates Fla. Stat. §553.385 effective January 1, 2027, requiring cities and counties to allow state-certified modular buildings and manufactured homes treated as real property wherever site-built single-family homes are allowed, and barring stricter treatment based only on how or where the home was built. It does not by itself require any town to allow ADUs.

Examples of local rules

• Orlando: ADUs are allowed in zones starting with R-1, R-2, R-3, MXD, O-1, O-2 and some planned developments, subject to minimum lot sizes. The ADU must be smaller than the main house (700 sq ft cap in historic districts), and one extra parking space is needed above 500 sq ft. One owner must own both units, and either unit may be rented long-term; short-term rentals need separate registration. The city's ADU Incentive Program offers up to a $10,000 construction rebate plus waived impact and permit fees for ADUs of 500 sq ft or less that are rented to a household at or below 120% of area median income for 12 of the first 24 months (the rental condition can be waived for owners 62 and older). The city also offers pre-approved ADU plans. Source
• St. Petersburg: One ADU is allowed on NT-zoned lots of at least 4,500 sq ft, and on NS-zoned lots of at least 10,000 sq ft or on an alley or corner lot; eligibility was widened in July 2022. The ADU can be up to 800 sq ft or 67% of the main home, whichever is smaller, and needs one extra parking space and a matching architectural style. The owner does not have to live on site. Long-term rentals are allowed, short-term rentals are limited to 3 times in 365 days, and income-qualified owners in the South Side redevelopment area can get grants for up to 40% of pre-construction costs. Source

What we’re still confirming

• The Florida Senate passed a statewide ADU requirement in 2025 and again in 2026, but it never became law; whether it returns in 2027 is unknown.
• Starting January 1, 2027, towns must allow certified factory-built homes wherever site-built homes are allowed, but whether that covers a factory-built ADU, not just a main house, hasn't been tested.

Laws, bills and citations

This is general information, not legal advice. Your town, village, city or county decides what can be built on your property. If something here looks out of date, email the team.