What Florida's Current ADU Law Actually Says (SB 184, 2025)
Governor DeSantis signed SB 184 in 2024. It took effect July 1, 2025 and is the operative statewide ADU law in Florida right now. Here's what it does and doesn't do:
- Requires every city to allow at least one ADU per single-family lot
- Bans cities from using procedural delays to block ADU permits
- Prohibits extra parking requirements beyond state standards
- Protects homestead tax exemptions when you add an ADU
- Bans short-term rentals (<30 days) in ADUs
- Override HOA deed restrictions (HOAs still win)
- Set a minimum ADU size floor — cities control this
- Ban owner-occupancy requirements — many cities still require it
- Tell cities how big ADUs can be (they still set their own caps)
- Force cities to update their codes by a hard deadline
Why SB 48 Died Despite Passing the Senate 38–0
SB 48 would have significantly strengthened Florida's ADU rules — banning owner-occupancy requirements, setting a 1,000 sq ft size floor that cities couldn't go below, and giving cities until December 1, 2026 to update their ordinances.
It cleared the Senate with overwhelming support. But on the final day of the 2026 session (March 13), the House couldn't resolve a dispute about a short-term rental provision attached to the broader housing bill. Rather than pass a bill that included STR restrictions they opposed, House members let the entire bill die — taking the ADU expansion with it.
SB 184 vs SB 48 vs Your City: Full Comparison
This table is what most homeowners actually need. State law sets the floor — your city's local ordinance is what determines what you can actually build.
| Rule | SB 184 (2025) CURRENT LAW | SB 48 (2026) DIED — NOT LAW |
|---|---|---|
| ADUs required in single-family zones | Yes | Yes |
| Cities can ban ADUs outright | No | No |
| Minimum ADU size floor set by state | No | 500 sq ft min |
| Cities can cap ADU size below 1,000 sq ft | Yes | No |
| Owner-occupancy requirements allowed | Yes | No |
| HOA restrictions still apply | Yes | Yes |
| Short-term rentals (<30 days) in ADU | No | No |
| Homestead exemption protected | Yes | Yes |
| City deadline to update ordinances | July 1, 2025 | Dec 1, 2026 |
| Status | ✓ CURRENT LAW | ✗ DIED IN HOUSE |
Sources: FL SB 184 (2025) · FL SB 48 (2026)
The HOA Exception: Why Your HOA Can Still Block Your ADU
This is the most misunderstood part of Florida's ADU law. Both SB 184 (current law) and SB 48 (the proposed bill) explicitly preserved HOA authority over ADU construction. The statutes say homeowners may not be prevented from building an ADU by their local government's zoning code — but private deed restrictions and HOA covenants are a different matter entirely.
- If your city allows ADUs and your lot qualifies — you can build one, regardless of what the city used to say
- If your HOA documents prohibit accessory structures or secondary dwellings — state law does not override that. Your HOA still wins.
- Check your HOA CC&Rs before doing anything else. Search for terms like "accessory structure," "secondary dwelling," "detached building," or "guest house."
How Major Florida Cities Apply State Law Today
State law is the floor. Each city adds its own rules on top. Here's where the six largest Florida markets stand as of June 2026.
| City | Owner-Occ Required? | Max ADU Size | Where Allowed |
|---|---|---|---|
| Orlando | Not required | 500–1,000 sq ft | Most SF districts |
| Tampa | Not required | 800–1,200 sq ft | 8 designated overlays only |
| Jacksonville | Required (owner in one unit) | 25% of primary or 750 sq ft | Most SF districts |
| Miami | Not required | 400–1,200 sq ft (varies by transect) | T3-O, T4, T5, T6 only |
| St. Petersburg | Not required | 800 sq ft | Most SF districts |
| Gainesville | Required | 800 sq ft | Most SF districts |
Rules current as of June 2026. City ordinances change — verify before permitting. Check your specific address →
What Would Have Changed If SB 48 Had Passed
Understanding what SB 48 would have done matters because this same bill — or a very similar one — is widely expected to return in the 2027 session. Three things would have changed immediately:
Will SB 48 Come Back in 2027?
Almost certainly yes, in some form. The 2026 bill's failure had nothing to do with opposition to ADUs — it died because of a House dispute about short-term rental restrictions in a separate part of the same housing package. ADU expansion itself passed the Senate unanimously.
If the 2027 session decouples the ADU provisions from the STR fight, the Senate votes are already there. A bill that just covers ADUs — without touching short-term rental rules — would likely pass both chambers.
- • Whether the ADU provisions are introduced as a standalone bill or bundled with housing reform again
- • Whether the short-term rental dispute gets resolved separately first
- • Whether any cities proactively update their ordinances ahead of a potential deadline
State Law Is the Baseline — Your Parcel's Zoning Is What Counts
Even with SB 184 in effect, your specific eligibility depends on your parcel's zoning district, your lot size, your setbacks, and whether your HOA permits it. Two houses on the same street can have different answers. The only way to know is to check your address.