Florida

Florida's Live Local Act preempts local governments from prohibiting accessory dwelling units on residentially zoned land, making it one of the most significant ADU reforms in the Southeast. Miami-Dade, Orange, and Hillsborough counties are among the jurisdictions adapting to the new rules. ADU Pass helps Florida homeowners navigate the permitting process under this landmark legislation.

1,472 ZIP codes
67 Counties
509 Cities

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State ADU details

State ADU law

Florida does NOT currently have a statewide ADU preemption law in effect. Florida Statutes § 163.31771 (enacted 2004, last amended 2020) is permissive — it authorizes local governments to adopt ADU ordinances but does not require them to. ADU rules are therefore set municipality-by-municipality: Miami-Dade, Orlando, St. Petersburg, Tampa, and a growing set of Florida cities have their own ordinances; many smaller counties and cities still prohibit or restrict ADUs by default. A preemption bill (SB 48 / HB 313) is pending in the 2026 legislative session and is likely to pass given that its 2025 predecessor cleared the Senate 37-0 and House 97-10 before dying on a procedural amendment dispute.

Statutes:

  • Florida Statutes § 163.31771 — Accessory dwelling units — Permissive (not mandatory) statute. Defines an ADU as 'an ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit.' Authorizes — but does not require — local governments to adopt ordinances allowing ADUs in single-family residential zones. Contains no size caps, no owner-occupancy rules, no HOA preemption. All substantive rulemaking is local.
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State financing programs

Florida Housing Finance Corporation (FHFC) does not operate an ADU-specific state loan or grant program. FHFC's primary affordable-housing lever at the ADU tier is the State Housing Initiatives Partnership (SHIP), which distributes state documentary-stamp-tax revenue to all 67 counties and 52 entitlement cities for locally-administered housing programs — some of which may fund ADU construction at the local level (notably Orange County's Affordable ADU Loan Program, run through the Orange County Housing Finance Trust). FHFC's FL Assist down-payment programs and HFA Preferred / HFA Advantage conventional loans apply to ADU-eligible primary residences but do not single out ADUs. Proposed CS/SB 1440 would create a state property-tax exemption of up to 100% of assessed value for an ADU rented at affordable rates.

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State insurance regimes

Florida regulates homeowners and dwelling-fire insurance through the Office of Insurance Regulation (OIR). The state operates Citizens Property Insurance Corporation — the nation's largest state-run insurer of last resort — for property owners unable to obtain coverage in the admitted market. Florida's insurance market is structurally stressed: admitted-market capacity has contracted sharply over 2020-2025 as hurricane losses (Irma, Michael, Ian, Helene, Milton) and litigation costs have pushed many carriers into insolvency or market exit. Citizens enrollment has swelled past 1.2M policies. ADU construction on coastal parcels is materially affected: wind-only policies, separate hurricane deductibles (capped at 10% of insured value under OIR rule), and a 2024 Citizens requirement that its policyholders in FEMA Special Flood Hazard Areas (and increasingly X zones near them) carry flood insurance even when not federally required.

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State housing programs

Florida does not currently operate a statewide pre-approved ADU plan catalog (unlike California or Washington). State-level ADU implementation is driven by (a) the permissive § 163.31771 which lets willing jurisdictions adopt ordinances, (b) SHIP pass-through funding to local ADU programs (Orange County's Affordable ADU Loan Program is the model), and (c) the affordable-housing property-tax exemption under the Live Local Act (SB 102 / SB 328). The Department of Economic Opportunity (DEO) — now reorganized as the Department of Commerce — provides technical assistance to local governments but no statewide ADU-specific mandate or program. Major counties (Miami-Dade, Orange, Pasco, Hillsborough, Pinellas, Broward) have published their own ADU ordinances and guidance documents.

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Federal (United States) — ADU-relevant rules and programs

Federal ADU law

The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.

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Federal financing programs

Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.

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Federal tax credits

There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.

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Federal housing programs

HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.

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