Florida ADU Laws 2026: The Complete Guide (SB-48 Explained)

Florida SB-48 (2026) changed what cities can restrict. Municipalities can no longer prohibit ADUs outright or cap units below 1,000 sq ft. Owner-occupancy mandates statewide are gone. But cities still control size, setbacks, design standards, and short-term rental rules — and the variation between cities is enormous. Here's what the law actually says and what it means for your property.

Florida ADU Law — What SB-48 Actually Says

The foundational statute is Florida Statutes §163.31771, which establishes the statewide framework for accessory dwelling units. SB-48 (2026) strengthened this framework with three key provisions:

1. No blanket bans: Local governments cannot prohibit ADUs in any zoning district that allows single-family residential uses. A city cannot simply exclude ADUs from its zoning code.
2. Size floor of 1,000 sq ft: Municipalities cannot cap ADU sizes below 1,000 sq ft. Cities may adopt lower caps — and many have — but those caps cannot be enforced against ADUs that meet the statewide floor. In practice, most Florida cities have existing caps below 1,000 sq ft that predate SB-48, and the interplay between local caps and the statewide floor is still being interpreted.
3. Owner-occupancy preemption: Cities cannot require the property owner to reside on-site as a condition of ADU approval. This preemption applies to new approvals — existing permit conditions in cities like Tampa are subject to legal interpretation.

What the law does not preempt: setback requirements, design standards, height limits, short-term rental rules, impact fees, and discretionary review requirements for specific ADU types (e.g., Tampa's Special Use permit). Cities retain significant authority within the statewide floor.

ADU Rules by Florida City — 2026 Comparison

City	Max Size	Owner Occ. Required	STR Minimum	Permit Timeline
Tallahassee	1,200 sq ft	No	None statewide	3–8 months
Jacksonville	1,000 sq ft	No	Verify locally	6–12 months
Gainesville	850 sq ft	No	None stated	3–8 months
Orlando	500–1,000 sq ft	No	30 days	6–12 months
Miami	1,000 sq ft	No	STR allowed w/ COU	6–10 months
St. Petersburg	800 sq ft	Yes	30 days	6–12 months
West Palm Beach	800 sq ft	Yes	183 days	6–12 months
Clearwater	750 sq ft	Yes	31 days	6–12 months
Tampa	950 sq ft	Yes	7 days	8–16 months
Sarasota City	500 sq ft*	No	7 days	4–8 months
Sarasota County	500 sq ft	Yes	30 days	6–12 months
Fort Lauderdale	600 sq ft	Yes	30 days	6–10 months

*Sarasota City has no hard cap in current code — confirm maximum with city planning before designing.

Where ADUs Are NOT Allowed in Florida

Even with statewide preemption, several scenarios can make an otherwise-eligible property ineligible for an ADU:

HOA Deed Restrictions

Private deed restrictions and HOA covenants are not preempted by Florida ADU law. A homeowners association that prohibits accessory structures, exterior additions, or short-term rentals can still enforce those restrictions against ADU construction. Florida courts have consistently upheld private deed restrictions over municipal zoning when the restriction is properly recorded. Check your deed and HOA documents before spending anything on design.

Specific Excluded Zones

Cities retain the right to exclude specific overlay districts or zone types from ADU eligibility:

• West Palm Beach: ADUs are limited exclusively to the SF14 (Single-Family High Density) district — SF3, SF7, and SF11 zones (which cover most residential parcels) are ineligible.
• Tampa: ADUs are only permitted in 8 designated eligible neighborhoods under RS-50, SH-RS, and RS-60 zoning. The majority of Tampa residential parcels are outside eligible areas.
• Miami: Miami 21 zoning code restricts ADUs to T3-O, T4, T5, and T6 transect zones — T3-R and T3-L (Restricted and Limited), which cover the majority of single-family Miami neighborhoods, typically do not permit ADUs.

Minimum Lot Size Requirements

Cities can require minimum lot sizes for ADU eligibility. Orlando requires a 5,500 sq ft lot minimum. Properties that do not meet lot size thresholds cannot build an ADU regardless of zoning district.

Historic Districts

Properties in designated historic districts face additional Certificate of Appropriateness review. In some historic districts (Coconut Grove in Miami, certain Old Northeast St. Petersburg), design constraints may effectively prevent ADU construction. Allow 4–8 additional weeks for historic review.

The Most Restrictive Florida Cities for ADUs

West Palm Beach — SF14 Only, 183-Day STR Minimum

West Palm Beach limits ADU approvals exclusively to the SF14 (Single-Family High Density) district — a small subset of the city's residential zones. SF3, SF7, and SF11 districts (covering most residential parcels) are not eligible. The city requires owner-occupancy and imposes the strictest short-term rental minimum in Florida: 183 days (six months plus one day). Detached ADUs are not permitted — only attached or garage-conversion configurations. Maximum size: 800 sq ft. The accessory apartment must be physically connected to a functioning garage structure. Contact West Palm Beach Development Services at (561) 805-6700 to confirm SF14 eligibility before committing to any design work. Ordinance: Chapter 94, Sec. 94-303.

Fort Lauderdale — 1 Bedroom Only, 600 sq ft Cap

Fort Lauderdale (Ordinance Sec. 47-19.2) imposes some of the tightest restrictions in Florida: ADUs are limited to one bedroom and one bathroom (or studio/efficiency) only. The size cap is 600 sq ft or 49% of the primary home's gross floor area — whichever is less. Owner-occupancy required. Annual Certificate of Use required for any rented ADU — inspection and renewal every year without exception. Short-term rentals under 30 days prohibited. Three total on-site parking spaces required: 2 for the primary residence plus 1 for the ADU. The Broward County HVHZ wind zone applies to all construction.

Sarasota County (Unincorporated) — 500 sq ft Cap, No STR

The unincorporated areas of Sarasota County cap ADUs at 500 sq ft, require owner-occupancy, and ban short-term rentals under 30 days. This is one of the most investor-unfriendly ADU environments in Florida. Critically, the City of Sarasota has completely different rules — no owner-occupancy requirement, STR allowed with 7-day minimum. Confirm which jurisdiction governs your specific address before proceeding.

The Most Permissive Florida Cities for ADUs

Tallahassee — 1,200 sq ft, All Districts, No Owner-Occupancy

Tallahassee has the largest ADU size cap of any major Florida city (1,200 sq ft) and permits ADUs citywide across all zoning districts — no geographic restrictions. No owner-occupancy requirement. Both attached and detached configurations are allowed. Short-term and long-term rentals are both permitted. The city processes compliant projects administratively (no discretionary hearings), making it one of the fastest approval processes in Florida (3–8 months). The 2024 ordinance reform (Ordinance 24-O-03) removed the former 40%-of-primary-structure size constraint. Contact Tallahassee Growth Management at (850) 891-7001 or zoning@talgov.com. Submit via the Tallahassee citizen portal at cwpll.talgov.com.

Jacksonville — 1,000 sq ft, Most Residential Zones, No Owner-Occupancy

Jacksonville (Duval County consolidated government) allows ADUs by right in RSC-1, RSC-2, RLD-60, RLD-80, RLD-100, RMD-A, and RMD-B districts — covering the majority of the city's residential areas. No owner-occupancy requirement. Maximum size 1,000 sq ft or 50% of the primary dwelling (whichever is less). No citywide short-term rental prohibition. Impact fees $2,000–$8,000+. Submit permits through JaxReady at jaxtready.com. Ordinance: Chapter 656, Jacksonville Ordinance Code, passed as "Keeping Our Families Together Act."

Gainesville — 850 sq ft, Both Attached and Detached on Same Lot

Gainesville uniquely allows both one attached AND one detached ADU on the same lot — no other major Florida city permits this simultaneously. ADUs are permitted by right in most residential districts with no special approval needed. No owner-occupancy requirement. No citywide STR prohibition. Free pre-approved ADU plan sets (Plans 722A/B/C, 738B) eliminate $3,000–$8,000 in design fees and speed permit review to 3–4 weeks. Submit via the PermitGNV portal at citizenserve.com. Contact the Building Division at (352) 334-5050.

How to Check If Your Property Qualifies

Follow this sequence before spending anything on design:

1. Confirm your jurisdiction. Is your address inside city limits or in the unincorporated county? Sarasota City and Sarasota County have completely different rules. Same applies to Gainesville vs. Alachua County. Look up your parcel at your county Property Appraiser website.
2. Confirm your zoning district. Look up your parcel's zoning code using your city or county GIS portal. In West Palm Beach, confirm SF14 status. In Tampa, confirm RS-50/SH-RS/RS-60 and eligible neighborhood designation. In Miami, confirm T3-O or T4+ transect.
3. Check for HOA or deed restrictions. Pull your deed and any recorded HOA declarations from your county clerk's online records. Search for "accessory structure," "additional dwelling," and "short-term rental" language.
4. Verify minimum lot size. Orlando requires 5,500 sq ft minimum. Your county Property Appraiser website lists parcel square footage.
5. Check for overlays. Historic district, coastal construction line, and flood zone designations can all add approval steps. Your city GIS portal will show overlay layers.
6. Get a permit fee estimate. Contact the building department before hiring anyone. Ask for a fee estimate for a new residential ADU at your address. This takes 15 minutes by phone and saves significant surprises later.

The fastest way to run steps 1–3 automatically: use our address verification tool below.

Frequently Asked Questions About Florida ADU Laws

Can I build an ADU on my property in Florida?

Probably yes, but eligibility depends on your city, zoning district, lot size, and whether you have HOA restrictions. Florida SB-48 prohibits cities from banning ADUs outright in single-family zones, but cities like Tampa (eligible neighborhoods only), West Palm Beach (SF14 only), and Miami (T3-O and above only) still effectively restrict ADU eligibility to a subset of properties. Check your address using our tool — it confirms zoning eligibility in 30 seconds.

Does Florida require owner occupancy for ADUs?

No — Florida SB-48 (2026) preempts local owner-occupancy mandates for new ADU approvals. However, some cities' existing Special Use permit conditions still include occupancy requirements as of early 2026 (Tampa is the notable example), and the legal interplay between state preemption and local use permit conditions is still being interpreted. Check your specific city's current rules with the zoning department.

Can I use my Florida ADU as an Airbnb?

It depends on your city. City of Miami and City of Sarasota allow ADU short-term rentals with proper licensing. Tampa requires a 7-day minimum stay. Orlando, Fort Lauderdale, and Clearwater require 30–31 day minimums. West Palm Beach imposes a 183-day (6-month) minimum. State law does not preempt local STR rules — always verify with your city before building for short-term rental income.

Do HOA rules override Florida ADU laws?

Yes. Private deed restrictions and HOA covenants are not preempted by Florida's ADU statutes. If your HOA declaration prohibits accessory structures or additional dwelling units, you cannot build an ADU even if your city's zoning allows it. Florida courts have consistently upheld properly recorded private deed restrictions over municipal zoning. Check your deed and HOA documents first.

What is Florida SB-48 and how does it affect ADUs?

Florida SB-48 (2026) is an amendment to Florida Statutes §163.31771 that strengthens the statewide ADU framework. Key provisions: cities cannot ban ADUs in single-family zones, cannot cap ADUs below 1,000 sq ft, and cannot require owner-occupancy as a blanket condition of approval. Cities retain authority over setbacks, design standards, height limits, short-term rental rules, and impact fees. The law establishes a floor, not a ceiling — cities can be more permissive but not more restrictive than SB-48 allows.