The Florida Legislature is currently considering a bill that would require cities and counties to permit accessory dwelling units (ADUs)—often referred to as granny flats or in-law suites—on properties zoned for single-family homes.
According to El Nuevo Herald, supporters of the measure argue that it could boost the housing supply and enhance affordability, particularly benefiting families and seniors in South Florida.
Known as House Bill 313 (HB 313), the proposal under discussion in the lower chamber would allow the construction of an ADU "by right," effectively preventing local governments from demanding special zoning hearings, variances, or discretionary approvals for the additional unit.
An ADU is defined as a secondary living space equipped with a kitchen, bathroom, and sleeping area, which can either be attached to the main house or exist as a standalone structure on the same property.
HB 313 also seeks to prohibit local authorities from imposing several common restrictions, such as requiring property owners to reside on the property or mandating additional parking spaces on the premises.
Furthermore, if the property is listed as a homestead, the bill would prevent local governments from removing the property tax exemption for building and renting out an ADU on the lot.
Should the proposal become law, cities and counties would have until December 1 to adopt an ADU ordinance in compliance with the new regulations.
There is a similar version of the bill that has cleared the Senate, with a notable difference: it explicitly allows local governments to ban the use of ADUs as short-term rentals (less than a month), whereas the House version does not explicitly address this.
State Senator Don Gaetz, a Republican, warned that there is pressure to turn the issue into a debate over vacation rentals, noting that the prospects of such a ban advancing in the House remain "uncertain."
The bill's sponsor in the House, Representative Danny Nix, a Republican from Port Charlotte, still has three more committees to navigate before the bill can reach the floor for a final vote.
Similar efforts in previous years did not succeed, but the Florida Housing Coalition estimates that if passed earlier, between 32,000 and 58,000 new ADUs could have been constructed statewide over a decade.
Experts highlight the potential impact of ADUs on seniors with fixed incomes who wish to stay in their homes. Real estate expert Ned Murray from FIU's Metropolitan Center believes these units could gradually and subtly increase density in single-family neighborhoods, thereby helping seniors "age in place."
Miami Homes for All's executive director, Annie Lord, expressed concerns that if used for short-term rentals, ADUs might not contribute to affordability. However, she advocated for building and regulating them as a necessary housing solution.
Similarly, Alexander Miles from Enterprise Community Partners suggested that both renters and homeowners could benefit from increased rental supply and "moderate density" in urban areas with limited land. For homeowners facing rising costs, an ADU could provide additional income or the option to house a relative or caregiver on the property.
Frequently Asked Questions About Florida's Proposed ADU Legislation
What is an accessory dwelling unit (ADU)?
An ADU is a secondary living space that includes essential facilities like a kitchen, bathroom, and sleeping area. It can be attached to the main house or be a separate structure on the same property.
How could the proposed bill impact housing affordability in Florida?
The bill aims to increase the housing supply by allowing more ADUs, which could improve affordability, especially for families and seniors. It also seeks to simplify the approval process and remove certain local restrictions.
What are the main differences between the House and Senate versions of the bill?
The Senate version explicitly allows local governments to ban ADUs from being used as short-term rentals, while the House version does not mention this provision.
Who stands to benefit from the construction of ADUs?
Both renters and homeowners could benefit. Renters might find more options in the housing market, while homeowners could gain additional income or space for family members or caregivers.