McAlpin

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.

• 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.

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.

• Florida Housing Finance Corporation (FHFC)
• State Housing Initiatives Partnership (SHIP)
• Orange County Affordable ADU Loan Program

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.

• Florida Department of Commerce (formerly DEO)
• Live Local Act affordable ADU tax exemption
• Miami-Dade Accessory Dwelling Unit program