Florida ADU Laws & Rules (2026)

Compare ADU zoning rules across 4 Florida cities. Average ADU score: 5.2/10.

Local ControlFla. Stat. §163.31771 (permissive)SB 48 died Mar. 2026

Key Florida ADU Laws

Florida ADU Laws

  • No statewide mandate. Fla. Stat. §163.31771(3) says a local government "may adopt an ordinance to allow accessory dwelling units in any area zoned for single-family residential use" — permissive, unchanged since ch. 2020-27. Whether you can build one, how big, and whether you must live on site is decided by your city or county code
  • SB 48 (2026) died in House messages on Mar. 13, 2026. It passed the Senate 38-0 on Feb. 4, 2026 and would have required every county and municipality to adopt an ADU ordinance by Dec. 1, 2026 allowing ADUs without a public hearing, variance or special exception, and barred owner-occupancy rules, rental bans (leases of 1 month or longer), added parking where a driveway can fit another car, and replacement parking for garage conversions; the House companion HB 313 died in the Intergovernmental Affairs Subcommittee the same day
  • What did pass: HB 1389 (ch. 2026-179), the session's housing bill, has no ADU provision; the Live Local Act (ch. 2023-17) never amended §163.31771 — it covers multifamily and mixed-use projects, not backyard units
  • State permit clock: §553.792(1)(a)2 (as amended by ch. 2026-63) requires a building-permit decision within 30 business days of a complete application for a residential structure under 7,500 sq ft — the one statewide rule that does apply to an ADU permit
  • Next chance: the 2027 regular session opens in March 2027; a refiled SB 48 would override local owner-occupancy rules

What changed recently in Florida

Gathered from the 4 cities below, with the bill or ordinance each one names. Statewide measures are listed once with the cities they reached, rather than repeated for each.

Statewide

City by city

What the rules actually look like across Florida

Statewide law sets a floor; the numbers that decide your project are local. Here is the spread across the 4 Florida cities covered here, taken from each city's own ordinance rather than a state summary.

QuestionAcross Florida
Are ADUs permitted?3 of 4 permit them, 1 only by discretionary approval.
Detached size capMedian 500 sq ft, from 275 to 950 sq ft across the 4 cities publishing a numeric cap.
Owner-occupancyRequired in 2 of 4.
Build cost$100,000 to $320,000 depending on city and unit type.
Easiest and hardest hereOrlando scores 7/10; Tampa scores 3/10.

Recomputed whenever a city page changes, so this and the city pages below cannot disagree.

Florida Cities ADU Comparison

CityMax SizeSetbacksPermit FeesBuild Cost1BR RentScore
Jacksonville Building footprint capped at the lesser of 25% of the principal house's gross floor area or 750 sq ft (Sec. 656.403(g)(3)): a 2,000 sq ft house allows a 500 sq ft footprint, a 3,000 sq ft house the full 750 sq ft. The cap is on footprint, not floor area, and the unit must be behind the house and outside all required yards ((g)(1), (g)(4)). The ADU may not stand in any required yard (Sec. 656.403(g)(4) and (a)(2)), so it must meet the house's district rear setback: 10 ft in every RLD district, RLD-120 through RLD-TND (Sec. 656.305(f)). RMD and PUD lots: confirm the figure with the Zoning Section (904-255-8300). Building permit fees are set by Ordinance Code Chapter 320 on the gross floor area under roof, plus separate electrical, plumbing and mechanical permit fees; the city publishes no ADU-specific figure, so price it in JaxEPICS or with the Building Inspection Division (904-255-8500). $150,000-$300,000 $1,000-$1,350/mo 5/10
Miami 10% of lot area, up to 800 sq ft; the cap cannot be Waived (Art. 6 Table 13). Minimum sizes: 275 sq ft efficiency, 450 sq ft one-bedroom, 550 sq ft two-bedroom. A 5,000 sq ft lot therefore allows 500 sq ft; you need an 8,000 sq ft lot to reach 800 sq ft. 5 ft for a detached or one-story ancillary building (Illustration 5.3, Ancillary Building Setback). A two-story ADU attached to the house follows the principal rear setback of 20 ft (Sec. 3.18). About $2,200-$3,500 in city building fees on a $200,000-$350,000 unit: 0.50% of construction cost (min $110), $2.80 per $1,000 up-front, solid-waste $0.22 per $100 (max $600), energy $0.11/sq ft, CO $105 (Res. R-26-0200, 4/23/2026); zoning $250 up-front; impact fees extra. $150,000-$320,000 $2,100-$2,500/mo 6/10
Orlando 500 sq ft on a lot meeting the base minimum, or 1,000 sq ft on a larger lot in the R-1 districts (Sec. 58.501(C)); no code minimum size. House plus ADU floor area is capped at 0.50 FAR (0.40 in Colonialtown R-2A/T/SP), the ADU must be smaller than the house, and it may cover at most 35% of the backyard. Historic districts: 700 sq ft max by Certificate of Appropriateness. Lake Nona PD: 1,000 sq ft on any lot. Detached: 5 ft if the ADU is 12 ft tall or less (one story), 15 ft if taller (Sec. 58.901(c)); 5 ft separation from the house, 10 ft if over 12 ft tall. Attached: same as the house, 25 ft in R-1A, R-1, R-2A and R-2B (Ch. 58 Part 1B). A two-story ADU under 500 sq ft may ask for a rear-setback Modification of Standards (Sec. 65.302). Building permit: $64.94 for the first $1,000 of construction cost plus $4.32 per additional $1,000, plus about 10% in surcharges (fee schedule eff. Jan 2023); the city says ADU building-permit fees typically total $450-$1,050. Electrical, plumbing and mechanical permits are extra. $150,000-$260,000 $1,400-$2,050/mo 7/10
Tampa 950 sq ft of living space (Sec. 27-132); 1,100 sq ft in the Tampa Heights Overlay (Sec. 27-244). An ADU larger than 15% of the lot area must sit 20 ft from the rear line and 7 ft from the side line instead of 3 ft 3 ft; 20 ft if the ADU exceeds 15% of the lot area S-1 special use application for an ADU or EFR: $194 (current fee listed in the city's July 2026 fee study; a proposed rise to $445, then $695 and $945 over three years had not been adopted by Council as of September 2026). Zoning fees are set by Council resolution and charged in Accela. Building permit fees are valuation-based through the city's online Fee Estimator, plus the 2.5% Florida building permit surcharge $100,000-$250,000 $1,400-$1,850/mo (Tampa apartment average $1,746 in September 2026; Old Seminole Heights $1,683, Wellswood $1,595, Lowry Park $1,475, Temple Crest $1,208) 3/10

County (Unincorporated) ADU Rules in Florida

Building on land outside city limits? Unincorporated county areas follow the county's ADU code, not a city's. We cover these Florida counties:

Get Free ADU Quotes in Florida

Tell us about your project and we'll pass it to ADU builders serving Florida. Free, no obligation — you choose who to work with. We don't have builders in every area yet; if nobody covers yours, we'll email you to say so.

1. Tell us your project
Takes about a minute.
2. We match local pros
Up to 5 independent local ADU builders — never more, and we tell them nothing you don't submit here.
3. You choose
Compare quotes, verify license & insurance, hire (or don't). No spam either way.

+ Add project details (optional — helps builders quote faster)
+ Add budget (optional — helps builders scope the right design)

🔒 Your info is secure. We share it only with contractors quoting your project. No spam, no obligation.

Just browsing? Search ADU builders near you by ZIP code.

Finance Your ADU Project

Most ADU projects are funded through HELOCs, construction loans, or cash-out refinancing. Compare rates from top lenders.

Compare HELOC Rates Construction Loans All Options →

Some links on this page are affiliate links. We may earn a commission at no extra cost to you. Learn more

Stay Updated on ADU Law Changes

Get notified when ADU regulations change in your city. Free — no spam, unsubscribe anytime.