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

Florida does not currently have a universal statewide law requiring every city and county to allow accessory dwelling units (ADUs). Two bills that would have moved in that direction — SB 184 in 2025 and SB 48 in 2026 — both failed and never became law. Under Florida Statute §163.31771 a local government may adopt an ordinance allowing ADUs in single-family zones, but it is not required to. Whether you can build an ADU therefore depends on the rules of your specific city or unincorporated county, your zoning district, your lot, and any HOA or deed restrictions. Here is what state law actually says, and how local rules vary across Florida in 2026.

Florida ADU Law in 2026 — What State Law Actually Says

The relevant state statute is Florida Statutes §163.31771. It is permissive, not mandatory: it says a local government "may adopt an ordinance to allow accessory dwelling units in an area zoned for single-family residential use." The Legislature encourages ADUs as a source of affordable rental housing, but the statute leaves the decision — and the detailed rules — to each city and county. It does not create a statewide right to build an ADU, a statewide by-right approval, a statewide minimum or 1,000 sq ft entitlement, or a statewide ban on owner-occupancy or local size limits.

What that means for you: state law does not decide whether your property qualifies. Your local ordinance does. Two neighboring cities can have very different ADU rules, and an unincorporated-county parcel can be governed by rules that differ from the nearest city entirely.

The failed bills: SB 184 (2025) and SB 48 (2026)

You may have read that Florida "passed" a statewide ADU law. It did not. Two proposed bills would have limited what cities could restrict, but neither became law:

• SB 184 (2025) was a proposed housing bill. It was indefinitely postponed and withdrawn from consideration on May 3, 2025, and died in returning messages on June 16, 2025. It never took effect. (Florida Senate — SB 184)
• SB 48 (2026) was a proposed housing bill that would have addressed accessory dwelling units. It died in messages on March 13, 2026, and did not create a statewide ADU right. (Florida Senate — SB 48)

Because both bills failed, their proposed provisions — statewide bans on local prohibitions, a 1,000 sq ft floor, an owner-occupancy preemption — are not the law. Treat anything that describes those proposals as current requirements with caution. The controlling authority is §163.31771 (read the statute) plus your local ordinance.

ADU Rules by Florida City — 2026 Comparison

Because ADU rules are set locally, they vary widely from city to city. The table below summarizes commonly reported figures for several Florida cities to show that range. These are summaries, not legal determinations, and rules change — confirm the current size cap, owner-occupancy, and rental rules directly with the city or county before relying on any figure.

City	Reported Max Size	Owner Occ. (confirm locally)	STR Minimum (confirm locally)	Typical Permit Timeline
Tallahassee	1,200 sq ft	No	None stated	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 the maximum with city planning before designing. Every figure above should be verified with the jurisdiction; none of them is set by a statewide law.

Why an Otherwise-Eligible Property Can Still Be Ineligible

Because there is no statewide guarantee, several local factors can make an otherwise-suitable property ineligible for an ADU. Confirm each of these for your specific parcel:

HOA Deed Restrictions

Private deed restrictions and HOA covenants are not overridden by local ADU ordinances. A homeowners association that prohibits accessory structures, exterior additions, or short-term rentals can still enforce those restrictions against ADU construction. Florida courts have generally upheld properly recorded private deed restrictions. Check your deed and HOA documents before spending anything on design.

Specific Excluded Zones (verify with the city)

Where a city does allow ADUs, it can still limit them to specific districts. Reported examples — confirm current district eligibility with each city:

• West Palm Beach: ADUs have been reported as limited to the SF14 (Single-Family High Density) district, with SF3, SF7, and SF11 zones (covering most residential parcels) ineligible.
• Tampa: ADUs have been reported as permitted only in designated eligible neighborhoods under RS-50, SH-RS, and RS-60 zoning — a minority of residential parcels.
• Miami: the Miami 21 code has been reported to allow ADUs in T3-O, T4, T5, and T6 transect zones, with T3-R and T3-L (covering many single-family neighborhoods) typically not permitting them.

These are summaries of local rules that change — verify your parcel's district and its current ADU status with the city before relying on them.

Minimum Lot Size Requirements

Cities can require minimum lot sizes for ADU eligibility. Orlando has been reported to require a 5,500 sq ft lot minimum, for example. Confirm any lot-size threshold with your jurisdiction; parcels below it may not qualify regardless of district.

Historic Districts

Properties in designated historic districts face additional Certificate of Appropriateness review, which can add weeks and, in some districts, design constraints that make an ADU impractical. Ask your city's historic-preservation staff early.

More Restrictive Florida Cities for ADUs (confirm locally)

The figures below are compiled summaries of local rules and are not verified for this article — treat them as a starting point and confirm the current ordinance with each jurisdiction.

West Palm Beach — reported SF14-only, 183-Day STR Minimum

West Palm Beach has been reported to limit ADU approvals to the SF14 (Single-Family High Density) district, with SF3, SF7, and SF11 districts (most residential parcels) ineligible, plus an owner-occupancy requirement and a 183-day short-term-rental minimum, with attached or garage-conversion configurations only and a maximum around 800 sq ft. Confirm current SF14 eligibility with West Palm Beach Development Services before any design work (reported ordinance reference: Chapter 94).

Fort Lauderdale — reported 1-Bedroom, ~600 sq ft Cap

Fort Lauderdale has been reported to limit ADUs to one bedroom/one bath (or studio), a cap around 600 sq ft or 49% of the primary home (whichever is less), an owner-occupancy requirement, an annual Certificate of Use for rented ADUs, a 30-day short-term-rental minimum, and additional on-site parking (reported ordinance reference: Sec. 47-19.2). Broward County's high-velocity hurricane zone applies to construction. Confirm all figures with the city.

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

Unincorporated Sarasota County has been reported to cap ADUs around 500 sq ft, require owner-occupancy, and prohibit short-term rentals under 30 days. Critically, the City of Sarasota has different rules. Confirm which jurisdiction governs your specific address, then confirm that jurisdiction's current rules, before proceeding.

More Permissive Florida Cities for ADUs (confirm locally)

As with the restrictive examples, verify these summaries with each city before relying on them.

Tallahassee — reported 1,200 sq ft, citywide

Tallahassee has been reported to allow one of the largest ADU size caps of any major Florida city (around 1,200 sq ft), citywide across residential districts, with no owner-occupancy requirement and both attached and detached configurations, processed administratively. Confirm current rules with Tallahassee Growth Management.

Jacksonville — reported ~1,000 sq ft, most residential zones

Jacksonville (Duval County consolidated government) has been reported to permit ADUs in a range of residential districts (e.g. RSC-1, RSC-2, RLD and RMD categories) with no owner-occupancy requirement and a size around 1,000 sq ft or 50% of the primary dwelling. Zoning and eligibility in Duval should be confirmed directly with the city, as our automated zoning lookups for Jacksonville are limited. Confirm current rules and permitted districts with the city.

Gainesville — reported 850 sq ft, attached and detached

Gainesville has been reported to allow both an attached and a detached ADU on the same lot in most residential districts, with no owner-occupancy requirement, and to offer pre-approved plan sets that speed review. Confirm current rules with the Gainesville Building Division.

How to Check If Your Property Qualifies

Because eligibility is local, follow this sequence before spending anything on design:

1. Confirm your jurisdiction. Is your address inside city limits or in the unincorporated county? A city and its surrounding county can have completely different rules. 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, then confirm whether that district currently allows ADUs.
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. Ask your jurisdiction whether a minimum lot size applies. 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 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?

Maybe — it depends on your city or county, your zoning district, your lot size, and any HOA restrictions. There is no statewide law that guarantees an ADU on every property. Some Florida cities allow ADUs broadly; others limit them to specific districts (for example, ADUs have been reported as restricted to certain zones in Tampa, West Palm Beach, and Miami). Check your address with our tool and then confirm with your local planning department.

Does Florida require owner occupancy for ADUs?

There is no statewide answer — it is set locally. Some Florida cities require the owner to live on-site; others do not. SB 48 (2026), which would have addressed this statewide, did not become law, so owner-occupancy is governed by each city's or county's own rules. Check your specific jurisdiction's current rules with its zoning department.

Can I use my Florida ADU as an Airbnb?

It depends on your city. Some cities allow ADU short-term rentals with proper licensing; others impose minimum-stay requirements (reported minimums range from about 7 days in some cities to 183 days in West Palm Beach). State law does not set local short-term-rental rules — always verify with your city before building for short-term-rental income.

Do HOA rules override Florida ADU rules?

Yes. Private deed restrictions and HOA covenants are not overridden by local ADU ordinances. If your HOA declaration prohibits accessory structures or additional dwelling units, you generally cannot build an ADU even if your city's zoning would allow it. Florida courts have generally upheld properly recorded private deed restrictions. Check your deed and HOA documents first.

What were Florida SB 184 and SB 48, and do they affect ADUs now?

SB 184 (2025) and SB 48 (2026) were proposed housing bills that would have limited what cities could restrict about ADUs. Neither became law — SB 184 died in 2025 and SB 48 died in 2026 — so their proposed provisions (such as banning local prohibitions, a 1,000 sq ft floor, or an owner-occupancy preemption) are not in effect. The controlling state authority is Fla. Stat. §163.31771, which lets — but does not require — a local government to adopt an ordinance allowing ADUs. Whether you can build one depends on your local rules.