Florida Zoning & Land Use Laws

Florida ADU Law

Florida has a statewide ADU law — Florida Live Local Act (SB 102, 2023) and HB 1339 (2024) — effective 2023-07-01. This law preempts local ordinances — cities and counties cannot impose restrictions stricter than the state standard. Key provisions include: Live Local Act (SB 102, 2023): Municipalities cannot prohibit multifamily residential as a use in commercial or mixed-use zones where residential is permitted; Live Local Act: Local governments cannot require approval processes less streamlined than administrative approval for qualifying affordable housing projects; HB 1339 (2024): Eliminates owner-occupancy requirements for ADUs statewide, and 4 more. The most recent amendment was HB 1339 (2024): ADU-specific reform — eliminates owner-occupancy requirements statewide, reduces parking mandates near transit, caps impact fees for ADUs, requires ministerial approval for code-compliant ADUs

Cottage Food Law

Florida Cottage Food Law (Florida Statutes Section 500.80): Allows home-based food businesses selling directly to consumers. Annual revenue cap of $250,000 (as of 2024 amendment). Allowed products include baked goods, candies, jams, jellies, dried herbs, trail mix, popcorn, and other non-potentially-hazardous foods. No local license required for cottage food operations. Sales must be direct-to-consumer at home, farmers markets, fairs, or online with in-person pickup/delivery. Products must be labeled with producer name, address, product name, ingredients, net weight, allergen info, and 'Made in a Home Kitchen. This product has not been inspected by the Florida Department of Agriculture and Consumer Services.' Wholesale and retail distribution to stores is not permitted. Florida expanded cottage food law in 2023 to allow online sales with in-person delivery. Florida has one of the most permissive cottage food laws in the Southeast.

Short-Term Rental Law

Florida CS/SB 714 (2024) established a statewide regulatory framework for vacation rentals. Requires state registration through the Florida Department of Business and Professional Regulation (DBPR). Sets minimum safety standards. Grandfathered existing local ordinances that were in effect before June 1, 2011, but restricts new local bans on vacation rentals. Previously, Florida SB 1730 (2023) and earlier bills (2011, 2014) addressed short-term rental preemption. Florida Statute 509.032(7) prevents municipalities from regulating vacation rentals based on frequency or duration of rental. Miami and Miami-Dade have grandfathered restrictions. DBPR Vacation Rental License required statewide.

Recent Legislative Changes

Florida Cities with Zoning Data