Florida: what the law actually says
Every claim below links to its primary source. Nothing here is asserted without one — see the disclaimer at the bottom.
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Does Florida state law let local governments allow ADUs?
STATE LAW. Section 163.31771(3), Florida Statutes, says a local government “may adopt an ordinance to allow accessory dwelling units” in areas zoned for single-family residential use. It lets cities and counties permit ADUs; it does not require them to.
Source: Fla. Stat. § 163.31771(3), 2026 edition (flsenate.gov), read 2026-10-16
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What does Florida's ADU statute require in a building permit application?
STATE LAW. Section 163.31771(4) says a building permit application for an ADU must include an affidavit from the applicant attesting that the unit “will be rented at an affordable rate” to an extremely-low-, very-low-, low- or moderate-income person or persons. Ask your city or county how it applies this before you plan how the unit will be used.
Source: Fla. Stat. § 163.31771(4), 2026 edition (flsenate.gov), read 2026-10-16
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Does Florida state law decide whether I can build an ADU?
STATE LAW. Because subsection (3) is permissive, whether you may build an ADU, and on what terms, depends on your own city's or county's land development code.
Source: Fla. Stat. § 163.31771, 2026 edition (flsenate.gov), read 2026-10-16
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Is the Florida ADU statute text current, and what happened to SB 48 in 2026?
STATE LAW, CURRENT AS READ. In the 2026 edition of the statutes, the History line of section 163.31771 ends at “s. 4, ch. 2020-27”, so the text read above is the 2020 version. Separately, CS/CS/SB 48 (2026) passed the Senate 38 to 0 on 4 February 2026 and its history for 13 March 2026 reads “Died in Messages”. Statutes change; this summary is dated 2026-10-16.
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Did the 2026 affordable housing law (chapter 2026-179) change Florida's ADU statute?
STATE LAW, 2026 SESSION. SB 48’s companion, CS/CS/HB 1389 (Affordable Housing), became law as chapter 2026-179 (approved by the Governor 29 June 2026, effective 1 July 2026). The statute sections it cites are 125.01055, 166.04151, 196.1978, 333.03, 420.615, 760.22, 760.26 and 760.35. Section 163.31771 is not among them, so that law did not change the ADU statute summarised above.
Source: CS/CS/HB 1389 (2026) bill history and statute citations (flsenate.gov), read 2026-10-16
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Does Florida have a single statewide ADU permission?
HOW RULES VARY. Florida has no single statewide ADU permission. The three jurisdictions below, each read on its own official page, differ on where ADUs are allowed, how big they may be, and who must own or occupy them. Check your own city or county.
Source: Fla. Stat. § 163.31771(3) (flsenate.gov), read 2026-10-16
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What does Miami-Dade County's ADU page permit?
MIAMI-DADE COUNTY. The county's ADU page permits one accessory unit per lot in the AU, EU and RU zoning districts inside the Urban Development Boundary, and in GU districts for properties trended to AU, EU or RU. The lot must be at least 7,500 square feet, and in RU-1 districts the ADU must be 400 to 800 square feet. The page points to section 33-22 of the County Code.
Source: Miami-Dade County, Accessory Dwelling Unit (ADU) page, read 2026-10-16
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Which areas does the Miami-Dade County ADU ordinance cover?
MIAMI-DADE COUNTY, SCOPE. The county ordinance that permits ADUs is titled “ordinance pertaining to zoning in the unincorporated area”, and the county's staff summary gives its scope as “Areas located in unincorporated Miami-Dade County.” Cities inside the county, such as Miami, Miami Beach and Coral Gables, are not covered by that scope statement; check their own codes.
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What is Miami-Dade County's ADU Blueprint program?
MIAMI-DADE COUNTY, PRE-APPROVED PLANS. The county runs an ADU Blueprint program with a catalog of pre-approved ADU plans. Its page says pre-approved plans “may result in a quicker permitting process when compared to starting from scratch”, and that plans cannot be altered without re-approval.
Source: Miami-Dade County, ADU Blueprint for homeowners, read 2026-10-16
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What does the City of Orlando's ADU page allow?
CITY OF ORLANDO. The city's ADU page says a self-contained ADU may be attached, detached, over or converted from a garage, or within the main home, and that properties zoned R-1, R-2, R-3, MXD, O-1, O-2 or PD “may be eligible, depending on lot size”. Standards are in Chapter 58, Part 3A of the City Code.
Source: City of Orlando, What are Accessory Dwelling Units?, read 2026-10-16
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What are the City of Orlando's ADU ownership and size rules?
CITY OF ORLANDO, OWNERSHIP AND SIZE. The city's step-by-step page says the main house and the ADU may each be owner-occupied or rented to a long-term tenant, but one owner must hold both and “The ADU cannot be sold to a separate owner.” It sets a general maximum of up to 1,000 square feet depending on lot size (700 in a Historic District), and says every ADU “must be smaller than the main dwelling.”
Source: City of Orlando, Accessory Dwelling Units: Step-by-Step Guide, read 2026-10-16
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Where can ADUs be built in the City of Tampa?
CITY OF TAMPA. The city's ADU page lists the areas where ADUs may be built as Seminole Heights, the area around Lowry Park, the East Tampa Overlay and the Tampa Heights Overlay; elsewhere in the city only Extended Family Residences for a family member are allowed. The page (shown as updated 15 July 2026) says the main residence must be owner-occupied.
Source: City of Tampa, Accessory Dwelling Units (ADU) page, read 2026-10-16
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Are the City of Tampa's ADU rules changing?
CITY OF TAMPA, RULES ARE CHANGING. A city news release of August 2026 says Tampa's 2024 changes expanded where ADUs can be built and that the property owner “may either live in the principal structure (main home), or the accessory dwelling.” That differs from the owner-occupancy wording on the city's ADU page above, so confirm the current rule with the city before relying on either.
Source: City of Tampa news release, August 2026, read 2026-10-16
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